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(영문) 청주지방법원 2017.08.25 2017고합51
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On February 2, 2009, the Defendant is the victim H from the second floor of G gas station located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Y.

In the Republic of Korea, many gas stations are sold.

If there is a cash of 300 million won, the gas station may be taken over.

The term “Sacheon-gu, Seocheon-gu, K gas station in J (hereinafter “instant gas station”) was shown to the victim.

However, in fact, the access roads to the station of this case did not obtain a separate permission for occupation and use of roads, and only the access roads obtained a permit for occupation and use of roads, but only the access roads was created and operated as if the permission for occupation and use of

Nevertheless, the Defendant, by deceiving the victim as if he had obtained permission to occupy and use a road separately from access roads and access roads, was transferred to the foreign exchange bank account in the name of K Co., Ltd. on February 18, 2009. On February 19, 2009, the Defendant received KRW 220 million from February 19, 2009, and leased and operated the instant gas station around May 29, 2009.

The facts charged are stated that the defendant has acquired property benefits from the damaged person, but it is difficult to view that the defendant has acquired property benefits from the damaged person as acquiring property of KRW 450 million in cash, or that it is difficult to view that he has acquired property benefits from the damaged person.

In comparison with the criminal facts of the fraud of property and the criminal facts of the fraud, there is no difference in the basic facts that the criminal facts of deception and the criminal facts of the fraud are the same as the substance of the damage, thereby deceiving the victim with the money, so it does not deviate from the identity of the facts charged, nor is there any disadvantage to the defense of the defendant.

Since it is not visible, this part of the facts charged is modified ex officio without the amendment process.

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