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(영문) 대구지방법원 서부지원 2017.07.26 2017고단790

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The Defendant and C jointly committed the crime is the representative director of E, a corporation located in the first floor of Busan Metropolitan City D, and C was the head of planning office from September 2008 to August 2014 by the director of G of the school foundation G located in Daegu Metropolitan City, Seogu.

C In consultation with the Office of Education of Daegu Metropolitan City, the purpose of use of part of G’s basic property for profit-making purposes is to change the purpose of use of G’s basic property for profit-making purposes, and the project to improve the financial status of the school juristic person by newly building commercial buildings and officetels on the ground is to be implemented, and the Defendant E is selected as the executor, and the Superintendent of the Office of Education of Daegu Metropolitan City has been permitted to change the basic property for education into the basic property for profit-making purposes on the land

However, even if the purpose of use of basic property for profit is changed as above, it is necessary to grant a separate permission to offer it as security, and it was not possible to offer it as security for others other than G. In order to show that there was sufficient means to promote the business, E did not hold cash of 10 billion won in the written permission to change the use of fundamental property for education, but obtained permission to change the purpose of use along with a balance certificate stating false details as if it was held. As such, E was difficult for E to raise funds to construct a new building in a normal way, such as where funds to construct a new building are not prepared on the land of this case, and it did not have been entered into a provisional contract with CJ on the commercial building that is scheduled to be newly built, or 85% or more of the commercial building and officetel were to be sold in lots.

Nevertheless, the Defendant, at the end of January 2013, held an investment explanation meeting in C and I located in Daegu-gu, Daegu-gu, and around the end of January, 2013, held an investment explanation meeting to the victim J, K, L, M, N, andO, and C, “A has funds of at least 18 billion won in Co., Ltd., Ltd., and a large amount of funds is secured.