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(영문) 인천지방법원 2017.10.19 2017고단3913
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2015, the Defendant has the right to construct an officetel in Mapo-gu Seoul Metropolitan Government Land Construction Project, and the victim C has the right to construct an officetel in Seocho-gu.

50 million won means 50 million won for the same month, such as expenses for business promotion, the authority to execute the business of constructing officetels on a dry ground.

7. At the F Office of Law Firm F Office in the fourth floor of the Dong-gu Seoul Special Metropolitan City E-dong E-ro, a 'New Construction Work Execution Contract with the victim and the said land with approximately 1,450 square meters in total floor area and about 13 stories in total floor area above the third floor above ground.'

However, G was delegated by the owner of land with the authority to develop real estate, construct a building, and G was invested in KRW 500 million from Trade Union Co., Ltd. on July 20, 2015 and was engaged in the business related to the construction of officetels on behalf of Trade Union and Labor Relations Commission. On August 7, 2015, Trade Union and Labor Relations Commission entered into a business agreement with three Defendant, H, I, etc. to perform all the tasks such as the selection and execution of construction works of officetels, sales agency, etc.

Therefore, at the time of the Defendant’s preparation of a contract for construction of a new construction project with the victim, it did not reach the early stage of the project indemnity, such as granting a building permit to the said land or failing to remove existing buildings. Moreover, the Defendant was only one person supporting the project in accordance with the above work agreement with the Trade Union and Labor Co., Ltd., and the Defendant did not have been delegated the authority to select the construction of an officetel from G Nomba Co., Ltd.

Therefore, as agreed by the victim, there was no intention or ability to permit the construction of an officetel.

Nevertheless, the defendant belongs to the victim, and on September 7, 2015, the defendant was delivered 50 million won to the Saemaul Treasury (J) account of the defendant on September 7, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. C.

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