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(영문) 창원지방법원 거창지원 2015.01.28 2014고단376
사기등
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 becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant discussed whether to purchase and sell one parcel of land, other than the land D (the land owned by the Defendant and related parties E), in order to carry out the soil and stones gathering business, the victim was aware that there was no access road to the above D land and one parcel of land, the victim was negative attitude toward the purchase. However, the victim was aware that the Defendant would have been responsible for the ownership of and responsibility for the land in which the access road is included, and obtained the authorization and permission necessary for the collection of soil and stones, so the victim would enter into a sales contract of one parcel of land, other than the above D land.

Around September 16, 2013, the Defendant concluded a sales contract with the “G Real Estate” located in the F of the Singu, Chungcheongnam-gun, Chungcheongnam-gun, and drafted a service contract, and concluded a false statement to the effect that “The Defendant may obtain authorization and permission, because the Defendant: (a) decided to sell or purchase real estate necessary for the access road to the earth and rocks to the Defendant; (b) decided to sell or purchase the land necessary for the access road to the earth and rocks to the Defendant, and (c) decided to cover expenses incurred in relation to the authorization and permission for the collection of aggregate so that there is a need for collection of earth and rocks, and the public officials in charge are well aware of the inside the military,

However, in fact, the Defendant did not have received a definite answer from the Defendant, the forest owner in the vicinity of one parcel outside the above D land, from H and Chok I, and the Defendant did not have any intention or ability to obtain an authorization or permission necessary for the gathering of earth and rocks, on the premise that the access road was secured in order to carry out the gathering of earth and rocks. Since it was impossible to obtain the above authorization or permission from the beginning because it was impossible to purchase the land from the above H and I because it was impossible to obtain the above authorization or permission from the beginning, the Defendant did not have any intent or ability to purchase the surrounding land outside the above D land and secure the access road or obtain the authorization or permission necessary for the gathering of earth and rocks from H and I.

The defendant shall belong to the victim under the name of the defendant as a public official for the same day.

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