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(영문) 광주지방법원 2016.01.13 2015고합315
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In fact, even though D did not demand the Development Fund Co., Ltd. in the form of the Development Fund, the Defendant, who was delegated by D with the authority related to the purchase of land with the Development Fund E and was engaged in the business related to the purchase of the land, received the authority from D to the Development Fund Co., Ltd. on July 2013, 2013, the Defendant, who was in charge of the business related to the purchase of the land, obtained a false statement from F, who was an operator of the Victim Co., Ltd., and obtained KRW 500,000 from F, 50,000,000,000 won from the Defendant’s national bank account on August 21, 2013.

Summary of Evidence

1. Any statement made by the defendant in a part appropriate for such statement in this Act;

1. Each statement made by the witness F, G, or H to the effect that it is appropriate in this Court;

1. The assertion of each of the Defendant and his/her defense counsel, and the judgment of this court, which are relevant to the descriptions of the real estate transaction contract, the summary thereof, the land transaction contract, and the details of the purchase and sale

1. The Defendant and the defense counsel’s assertion was requested by D general affairs H to grant personnel expenses to executives during the literature including D general affairs H. Thus, F was notified of this fact and received KRW 500 million as personnel expenses and service expenses to the Defendant during the literature.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by this Court, the following facts can be acknowledged.

(1) Since 2011, the I Regional Housing Association (hereinafter “the instant association”) has promoted a new apartment construction project in the amount of 12,966 square meters in JJ in the amount of 12,966 square meters in Gwangju Northern-gu, Gwangju, and has been designated as an agent to purchase land.

In the area subject to multi-family housing business, D-owned K forest 9,821 square meters, 99 square meters of L forest, M forest 947 square meters, 545 square meters prior to N, 205 square meters prior to O, and 902 square meters prior to P were included in the area subject to multi-family housing business.

(2) The Defendant purchased land around April 2012, when the sales contract for the D-owned land was not concluded due to the lack of consultation between Q and R literature.

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