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(영문) 부산지방법원 2014.10.23 2014고정785

사기

Text

The defendant shall be innocent.

Reasons

1. On February 11, 2011, the Defendant stated, within E operated by the victim D in Busan-gu, Busan-gu, that “The Defendant requested the victim to grant the construction permit to the Dong-gu Office by requesting the victim “F, G, H land, and dry field 580 square meters (hereinafter “instant land”) to the Dong-gu Office for the construction permit.”

However, the defendant did not have the intent or ability to obtain the building permit as above even if he received expenses from the victim.

As such, the Defendant, by deceiving the victim, and deceiving him/her from the victim, to KRW 3 million on February 11, 201, and the same year.

2. 21.5 million won, and the same year.

3. 22.3 million won, and the same year.

7. 22. 2. 2. 2. 2. 2. 2. 2. 2. 2. 2.0 million won by receiving and defrauding them.

2. The Defendant denies the facts charged in the instant case by asserting that, consistent from the investigative agency to this court, “the Defendant, upon D’s request, received money as consideration for the construction design and civil engineering of electric source houses, and did not receive money as consideration for the instant land.” As such, considering the following circumstances revealed by the record, the Defendant’s statement at D’s investigative agency and this court, which seem to correspond to the facts charged in the instant case, are difficult to believe, while considering the following circumstances revealed by the record, are contrary to the Defendant’s assertion, it is difficult to acknowledge the facts charged in the instant case, and there is no other evidence to prove otherwise.

㈎ 실제로 피고인은 자신의 주장과 같이 건축허가절차의 진행 전에 이 사건 토지에 대한 측량을 실시하였고, 측량결과 밝혀진 지적도상의 오류를 바로잡기 위해 노력하였으며, D에게 I건축사무소의 건축설계사인 J와 건축사무소 K의 L을 소개해주고, 그들과의 설계계약 등의 체결 및 그 진행...