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(영문) 전주지방법원 군산지원 2016.08.31 2013고단1627

사기

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Reasons

Punishment of the crime

Defendant was aware of his knowledge around September 2012

D There is a good construction site, and there is a good investor.

"..........." and the introduction of D, became aware of victim E.

On September 2012, the Defendant met D and the victim at the G real estate brokerage office located in the Jeonjin-gu Seoul Special Metropolitan City F and fourth floor in the Jeonjin-gu Special Metropolitan City on the fourth floor. In that place, the Defendant was owned by the victim “Yeju-gun and two lots other than H (hereinafter collectively referred to as “the mountainous district of this case”).

The permission to collect earth and sand has already been granted prior to the towing.

Since there has already been a drinking with permission, permission for gathering earth and sand is a prize subject to permission.

In this place, it is possible to gain a lot of profits from the soil from collecting earth and sand to the 3rd Do government, so if it invests the service cost and soil value entering this place, it will be half of the profits.

“A false representation was made.”

However, at the time, the Defendant applied for permission to collect earth and sand in the mountainous district of this case in the name of around April 4, 2008 and received non-permission, and even if he received investment money from the injured party without consent from the neighboring residents, he did not have the intent or ability to carry out the project with permission to collect earth and sand in the mountainous district of this case.

around October 5, 2012, the Defendant received the remittance of KRW 5 million from the injured party as investment money, and from February 15, 2013, the Defendant received the remittance of KRW 81 million in total over 10 times, as shown in the list of crimes, from February 15, 2013.

Accordingly, the defendant deceivings the victim and defrauds 81 million won in total.

Summary of Evidence

1. Entry of the defendant in part in the nine-time public trial records by the court;

1. Entry of the witness D and each legal statement of the J in the 10th public trial records;

1. Entry of the witness E in the 12-time trial record;

1. Details of deposit transactions, copies of a check before himself/herself, and a statement of transactions on self-reliance deposits;

1. A contract for the sale of soil or stone;

1. Regarding the details of processing applications for permission for gathering earth and stone, applications for permission for gathering earth and sand, and permission for gathering earth and sand;