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(영문) 서울중앙지방법원 2014.12.17 2014고단3219
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On January 7, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at Suwon District Court on September 22, 2010 and completed the execution of the sentence.

1. Around January 201, the Defendant: (a) around January 201, at a mutually influent restaurant located in the Nowon-gu Seoul Metropolitan Government Nowon Vibration, the victim C’s living together; (b) through D and E, the victim’s land, “In order to prepare the relocation site, the military units located in Yongsan-do will move to normal house”; (c) At this time, the Defendant talked with the Ministry of National Defense officials and the Ministry of National Defense to supply soil and sand to reclamation works of a size of KRW 60 million. Moreover, at the construction site, the Defendant may collect and supply soil and sand immediately after two months after obtaining authorization and permission if there is a mining right of KRW 30,000,000 in the nearest mountain in the construction site, and may supply soil and sand to the construction project for the expansion of the Osan Airfield. In money investment, the Defendant made a false statement that “The right to operate the restaurant at the soil gathering site and the right to transport soil and sand will be transported to the construction site.”

However, in fact, it was not fair to reclaim the sea. The defendant was sentenced to 5.5 billion won from the 139 investors in the site prior to Pyeongtaek Military Base while he was awarded the right to transport earth and sand on the site prior to Pyeongtaek Military Base, and was released from the prison due to the expiration of the prison term, and a part of the above investors filed a fraudulent complaint against the defendant, and the investigation of the case was conducted at the time. While the defendant would be entitled to the right to transport earth and sand, it was practically impossible to deliver earth and sand on the site prior to Pyeongtaek Military Base because the defendant filed a complaint against the F that received 620 million won from the defendant for fraud, and the above F was detained, and there was no contract related to the supply of earth and sand, as well as the site on which the mining right was established.

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