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(영문) 창원지방법원 밀양지원 2013.08.22 2012고단516
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 2, 2010, the Defendant was sentenced to imprisonment with prison labor at the Changwon District Court for fraud on April 2, 201 and the said judgment became final and conclusive on July 22, 2010.

The Defendant, at around July 21, 2008, held the victim C at the E office located in Gyeong-gun, public official, and official, and official, and official, and official, etc. in order to create the factory site, provided that the Defendant “the instant real estate” is not more than 20,000 square meters in F.

approximately 10,000 land was collected, and some of them were transferred in the name of G, the wife.

The above site shall be responsible until October 10, 2008 and shall be purchased in whole to obtain a new factory construction permit. Accordingly, it shall be purchased at the price of KRW 129,000 in total at KRW 129,000 per square day.

‘False speech' was made.

However, the Defendant, at the time, is engaged in development activities on the two adjacent sites in addition to the development activities on the instant real estate at the same time, and there was almost no fund to purchase all of the instant real estate 21 parcels until October 10, 2008. The instant real estate is located in the direction of the 1.6km upstream of the H reservoir, an agricultural reservoir, and thus it is impossible to install a factory site in accordance with the integrated guidelines for the development of industrial sites, and even if a contract is concluded with the victim because the total water pollution load amount was small in the development of the instant real estate at the time and the total water pollution load amount was low, and thus, it did not have any intent or ability to obtain permission for new construction of a factory.

Ultimately, the Defendant, as such, by deceiving the victim, received 10 million won as the down payment from the victim on July 21, 2008, as the contract deposit, and obtained 350 million won in total from the victim on July 25, 2008, as the intermediate payment, around August 20, 2008, around 100 million won, around November 4, 2008, and around April 10, 2009, and acquired 350 million won.

Summary of Evidence

1. Statement of a defendant in the third protocol of trial;

1. Part C of the suspect examination protocol of each prosecution against the accused;

1. The down payment which is the criminal report; and

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