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(영문) 춘천지방법원 강릉지원 2018.02.07 2017고단1299
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 2015, the Defendant would stop the studio, which is a multi-household housing, to the victim E in the office of "D" located in Gangnam-si, Gangnam-si, and to the YF.

Building-related authorization and permission issues and construction cost-related loan issues will be solved.

“Along on July 30, 2015, the victim will prepare a business plan and prepare documents related to the funds by July 30, 2015, ensure that the victim can obtain permission and loans, and return the cost of services unless the project funds are allocated.

“Along on the 30th of the same month,” a service contract to the same purport is prepared, and around the 30th of the same month, the victim shows a new urban residential house construction plan with respect to “Y of Yangyang-gun in Gangwon-do,” and the victim is able to stude in this land and purchase it without permission.

Various kinds of authorization and permission and loan issues will be dealt with by ascertaining the internal issues.

“A false statement” was made.

However, in fact, even if the Defendant received money from the injured party as the starting fee for the service request contract, the design cost for Yangyang-gun H, and the I banking work cost, it was thought that the above money would have been consumed by personal debt repayment, living cost, etc., and there was no intent to use it under the above name. Moreover, the above land was in a situation where it cannot be readily determined whether the construction permit was granted, and the land of the above Yangyang-gun H was in a situation where it was impossible to obtain the construction permit. In addition, the Defendant did not think of the basic procedural implementation for the building permit. In addition, even if the Defendant received the money from the injured party because he did not have the ability to do so, even if he did not have the ability to do so, he did not have the intent or ability to obtain the construction-related authorization or receive the construction fund.

Nevertheless, on June 30, 2015, the defendant deceivings the victim as above and caused the damage to the victim, and made a request contract for I pension service to the defendant's account under the J's name.

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