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(영문) 광주지방법원 순천지원 2013.11.13 2013고단810
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 145,00,000 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

On April 20, 201, the Defendant suggested the purchase of a brin restaurant operated by the Defendant, on the following grounds: “The brin restaurant in the G development project site is a restaurant with water supply and electricity at H, which is a public corporation, and with at least 500 persons, who take over the facilities and operation rights at least KRW 20 million monthly income, at least KRW 20 million, and at least KRW 500 million for two years: (a) as the head of the H site, is a child within the area, I would like to resolve related issues, such as the consent to land use, etc.; and (b) the Defendant proposed the purchase of the brin restaurant operated by the Defendant.”

However, in fact, the Haba restaurant was not a restaurant that entered into a regular contract with H, and the site of the Haba restaurant was scheduled to be sold in the private sector, and thus refused to approve the land use in the Jeonnam Development Corporation, which is the operator, and H was not only in the state of an agreement with the field residents to give the right to the Habba, but also in the state of not having a position to assume the responsibility for the issue such as the defendant's consent to land use, etc., and the situation where the Haba restaurant was already transferred to another site before the contract with the victim was entered into with the victim, and eventually, the Haba restaurant was eventually removed

Since the Gu and the residents' remarks or civil petitions should be immediately removed, the Defendant did not have the intent or ability to sell the facilities and operation rights of the brine restaurant and to operate the brine restaurant normally even after receiving the payment from the victim of the purchase price.

As such, the Defendant, by deceiving the victim as such, received from the victim a total of KRW 20 million around April 28, 201, KRW 50 million around May 5, 201, KRW 75 million around June 3, 201, and KRW 145 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused (including D and J part);

1. A protocol of suspect examination of I by the prosecution;

1. The prosecutor's statement to K;

1. Each police officer against D, L, M, J, N,O, and K.

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