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(영문) 수원지방법원 성남지원 2015.02.04 2013고단1142 (1)

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On May 26, 2011, the Defendant presented a written estimate to the victim E at the D company office located in Gwangju-si, Gwangju-si, stating that “Around May 26, 201, the Defendant may promote the authorization for occupation and use of a river if he/she would have paid 13.5 million won out of the total amount of KRW 3 million under the name of service cost for construction design (building building construction), KRW 2.5 million under the name of the permission cost for development activities, and KRW 8 million under the name of the permission cost for installation of a structure.”

However, even if the defendant received money from the victim, unlike the purpose of the victim, it was thought that it will be used as the defendant's loan obligation, repayment of personal debt, living expenses of the defendant's wife, etc., and there was no intention or ability to obtain the above permission of river occupancy.

As above, the Defendant, by deceiving the victim, received 6750,000 won from the victim to the corporate bank account (Account Number F) in the name of the accused on the same day.

2. On May 28, 2011, at the place indicated in the preceding paragraph, the Defendant concluded that “it is possible to modify the adjacent plan of the lending design that the construction business entity intended to construct the lending and to secure the access road. It is dangerous that the already designed plan should be modified without permission, and that it is necessary to change the already designed plan without permission. It is necessary to pay KRW 25 million in terms of the cost of changing the design without permission of the drawing.”

However, even if the defendant received money from the victim unlike the victim's use, it was thought that it would be used as the defendant's personal debt repayment, the defendant's living expenses, etc., and there was no intention or ability to expand the access road through the above approval and permission of river occupancy or design change.

Accordingly, the Defendant, as seen above, by deceiving the victim and then deceiving him from the victim, through a corporate bank account (Account Number:F) in the name of the Defendant on June 1, 201, acquired KRW 25 million from the victim.

3. The Defendant on January 201