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(영문) 서울서부지방법원 2015.06.11 2014고단2915
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendants in collusion with E, around March 21, 2013, at the (ju) G Office in Gwangju City in Gyeonggi-do, and at the (ju) G Office in Gwangju-si in Gyeonggi-do, the victim J and I land in Gwangju-do would modify the land use plan for the land outside Gwangju-si site in Gyeonggi-do, and the land use plan for the land outside Gwangju-si site in Gyeonggi-do. A certified architect has the ability to practice and has experience of changing the purpose of use sufficiently, making it possible for the certified architect to change the purpose of use, and doing the change of the purpose of use even before towing. Once issuing guarantee insurance issued by the Financial Cooperative, the Defendants made a false statement to the effect that the purpose of use is changed within six months, and that if the purpose of use is not well changed, the down payment will be returned.”

However, the land use plan is determined by the urban management plan, and the defendants did not have the ability to change the use of the victim's above land, and there was no intention or ability to return money even if it does not run well.

Ultimately, in collusion with E, the Defendants received KRW 80 million from the victim by deceiving the victim as such and deceiving the victim on March 22, 2013 as the down payment for change of use.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of the witness J and A (the witness A shall be limited to the defendant B);

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement made by prosecution against M;

1. Statement of the police statement to J;

1. Each contract for modified service of land use plan;

1. A certificate of completion of each business;

1. Application of Acts and subordinate statutes to investigation reports (to listen to broad viewing urban planning and city planning team Mphone statement);

1. Grounds for sentencing under Article 347(1) and Article 30 of the Criminal Code for criminal facts and for the choice of punishment [the scope of recommending punishment] general fraud [the basic area (not more than KRW 100 million) (one to one year and six months) [the decision of sentencing].

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