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(영문) 대전지방법원 서산지원 2017.01.17 2016고단101

사기

Text

[Defendant A]

1. The punishment of the defendant shall be determined by six months;

2.Provided, That this ruling shall not be later than one year from the date on which it became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a representative director of E construction in the first and second floors D and Defendant B is an employee of the above E construction.

On March 19, 2014, the Defendants received approximately KRW 299.9 square meters from the land allotted by the authorities in recompense for development outlay (3 Bridge 6; hereinafter “instant land allotted by the authorities in recompense for development outlay”) in lieu of the victim H and the victim I, at the G judicial scrivener office located in J. 206, around J. 19, the Defendants received reimbursement of approximately 29.9 square meters as the construction cost.

There are many prices at the completion of construction, and due to the current shortage of money in E construction, the land secured for recompense of development outlay amounting to KRW 170 million will be sold to KRW 150 million.

10 million won was paid first, and the remainder of 50 million won was changed upon completion.

However, in fact, with respect to the above J, the Defendants did not have received or scheduled payment of the pre-paid construction cost from the watch of the actual audience and did not have received or scheduled payment of the pre-paid construction cost. After March 2014, the Defendants did not have been awarded a contract for construction work from the watch of the actual audience. Since construction operated by the Defendants was financially difficult, the Defendants did not have the ability to receive additional construction work and did not have the ability to purchase the pre-paid development recompense land.

Nevertheless, on March 20, 2014, the Defendants received KRW 100 million from the victims to the corporate bank account (K) in Defendant A’s name.

As a result, the Defendants conspired to receive property from the victims.

Summary of Evidence

1. Each legal statement of L, H, I, and M;

1. Statement made by each prosecutor with respect to H and M;

1. A protocol concerning examination of the police concerning L;

1. Guidance on supply of land allotted by the authorities in recompense for development outlay, certificate of borrowing, and contract for sale and purchase of land secured for development recompense;

1. The identification of transaction details and the statement of account separate transaction [the defense counsel and the Defendants shall deny the criminal intent by deception, but the crime can be acknowledged according to the above evidence.