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(영문) 전주지방법원 2019.09.09 2018고단1446
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. On September 2010, the Defendant against the victim B, at the D office located in Seojin-gu Seoul Special Metropolitan City, Seocho-gu, Seoul Special Metropolitan City, on September 1, 2010, the Defendant tried to develop a housing complex for electric power resource. However, upon the construction of electric power resource housing, a lot of gains remains. On the purchase of the said forest land, the Defendant would complete construction of access road, forest carboning work, and waste water reclamation, etc. within one year so that the said housing can be constructed. If the construction is not completed within one year, the Defendant would return the forest and land sales price and pay an amount equivalent to 8% per annum of the principal amount of the purchase price as interest.”

However, in fact, the Defendant was aware that it is difficult to obtain authorization necessary to construct electric power resource housing and develop forests and fields for the construction of electric power resource housing because the above forest is designated as a preserved green belt under the National Land Planning and Utilization Act and a mountainous district for public interest under the Mountainous Districts Management Act. Even if the forest purchase price was received from the victim, the Defendant was planned to use the forest as debt repayment, living expenses, etc. even if the victim received the forest purchase price, and there was no funds to implement the project promised by the victim, and there was no intention or ability to allow the victim to construct electric power

The Defendant, by deceiving the victim as above, received cash of KRW 10,000,000 as the purchase price for real estate on the 16th of the same month from the victim, and received cash of KRW 80,000,000 under the same name on the 17th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 19, 2012, the Defendant against the victim F is the victim F from the Dongdaemun-gu Seoul Metropolitan Government G on June 19, 2012, “The victim F is less than the victim F, Seoul Metropolitan City H below the former So-gu.”

by developing a housing complex for electric power generation.

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