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(영문) 수원지방법원 2013.11.15 2009고합614 (1)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 13, 2007, the Defendant was sentenced to a suspended sentence of 8 months in the Suwon District Court, which was sentenced to 2 years of imprisonment for fraud, and the said judgment became final and conclusive on December 21, 2007.

C as the representative director of D Co., Ltd. (hereinafter referred to as “D”), E as the managing director, and F as the managing director, and the Defendant as the chief director, respectively.

Defendant, C, E, and F have no intention or ability to increase the profit of more than two times to investors by developing the above forest as a charnel ground because it is practically impossible to permit the burial of the forest located in G in G and do not have the ability to directly operate the charnel ground in D.

Nevertheless, in collusion with C, E, and F on September 13, 2005, the Defendant, at the fourth floor D office of the Seocho-gu Seoul Metropolitan Government H Building on the following grounds: “The Defendant, at the fourth floor office of the Seocho-gu Seoul Metropolitan Government H Building, there was a forest land located in Gu, and later, the J, the landowner of which, within one year, promised to obtain the permit and permission of the aggregate, within one year, and purchased and sell this land, the land value of which is 2 to 30 times as much as the land value is 2 to 3 times, and the profit for 30 square meters on the basis of one unit may be sold from 2.5 million won per square year to 2.5 million won per square year.” Accordingly, the Defendant received from the victim I immediately.

Accordingly, the Defendant, in collusion with C, E, and F, received KRW 148,50,00 from the victim I as above, and acquired it through deception from January 12, 2006, and received each amount of damage stated in the victim column in the annexed crime list from each victims in the same manner until January 12, 206.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of suspect by the prosecution against J (including the second protocol of examination of suspect by the prosecution which contains K among the protocol of examination by the prosecution);

1. Each police statement made to L/I;

1. Each statement in the preparation of I, M, N,O, P, Q, R, T, U, V, W, X,Y, Z, AA, AB, and AC;

1. A copy of each land sales contract (No. 23, 35, 74, 194, 203, 244, 245, 283, 299, 309, 354, 355, 380, 385, 420, 527 pages of the investigation record), respectively;

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