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(영문) 의정부지방법원 2016.05.19 2015고합302
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years and for eight years, respectively.

Reasons

Criminal facts

From around 2007, the Defendants, who were aware of in the process of finding the land as set forth in Defendant B, did not jointly proceed with the lawsuit to find the land as set out in the facts charged. However, they seem to have jointly proceeded with Defendant B’s activities to find the land as set out in the facts charged. Thus, the Defendants committed criminal facts as above.

In fact, even if Defendant B did not purchase the land from the above E, Defendant A conspired to receive investment money from other people, as if Defendant A was entitled to purchase the said land and receive compensation.

"2015 Gohap 302"

1. Defendant B’s joint crime committed by the Defendants at around 2010 upon the request of Defendant A to request a confirmation letter, etc. that there is a right to receive compensation from Defendant A and sent it to Defendant A by forging the above confirmation document, etc. However, as stated in Defendant A’s charges, it appears that there is no fact that Defendant B requested the forgery of the above confirmation document, etc. (at the same time, there is a change in documents to confirm the existence of land compensation) and that Defendant B forged the above confirmation document, etc. is not the main method of deceiving Defendant A and Defendant B, and thus, it does not give a substantial disadvantage to Defendant A’s exercise of his right to defense. Thus, Defendant B committed criminal facts as above.

The fact that "A is the right to receive land compensation equivalent to KRW 300 billion" was confirmed through the Supreme Court's decision.

“The e-mail accompanied by a false document and “the cost of receiving land compensation” is required.

The message “ sent to Defendant A” was sent to Defendant A.

Defendant

A on March 4, 2011, Nowon-gu in Seoul Special Metropolitan City.

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