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(영문) 인천지방법원 부천지원 2018.09.13 2017고단1276
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Presumption Facts] The Defendant is an employee of the F Office located in Songpa-gu Seoul E and 3th floor operated by D, and the victim G Co., Ltd. (Representative Director H) is a corporation located in Yeonsu-gu Incheon Metropolitan City I, 202 Dong 212, which is engaged in sand dredging, port operation, and maritime transport business.

On October 14, 2008, the Defendant introduced the Victim Company J and the actual operator H as the representative of the F Office of the F Office of the F Company at the time of the Victim Company, and explain that there is enormous benefit if the Defendant implements the apartment house construction and sale business with approval of the L plan modification to the K K in Kimpo-si, and entered into a technical service contract for the Newly-built apartment in Kimpo-si, Kimpo-si, which promotes this, and received down payment KRW 140 million from the Defendant’s national bank account (N) around October 14, 2008.

However, on January 16, 2009, the plan to change the use of the above L was no longer promoted by publicly announcing the land of the Kimpo-si as a renewal promotion district in the office of Kimpo-si in Kimpo-si on the designation of the renewal promotion district.

[2] Around January 22, 2009, the Defendant was well aware of the fact that the price of Kimpo-si M was designated as an urban renewal promotion district and that the alteration plan for the purpose of L was no longer implemented. However, the Defendant submitted a simple drawing and environmental review data to Kimpo-si Office for the “resident’s proposal to establish a quasi-industrial renewal planning district for Kimpo-si, Kimpo-si, which has no legal effect,” and submitted it to Kimpo-si Office for the above J and H “I continue to perform the work so that the use of L would be altered.”

Around January 22, 2009, the Defendant, by deceiving J and H, received KRW 140 million from the victim company as above for design expenses in the above account, and acquired KRW 150 million in total by additionally receiving KRW 145 million under the same name as in March 3, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. A technical service contract and a building;

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