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(영문) 울산지방법원 2017.08.10 2016고단4119
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On January 14, 2012, the Defendant prepared a standard design contract to obtain permission within four months from the date of the contract for electric power resource use, and paid KRW 15 million as the down payment. The Defendant paid KRW 15 million as the down payment.

At this time, the building permit shall be issued within four months.

“A false statement” was made.

However, there was an area that could not become a building permit due to a long slope, and how the victims who know about it can get the building permit. The answer was that "the construction permit may be granted to some perfect places, and it is possible for them to obtain the building permit because there are many public officials who know about it," and that "I will continue to proceed with the construction permit while preparing the urban planning."

However, there was no urban planning drafted, and the area could not become a building permit, and the defendant did not have any intention or ability to obtain a building permit differently.

Accordingly, the Defendant, by deceiving the victims as above, received the remittance of KRW 15 million to his own passbook around January 16, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and K;

1. Each police statement made to H, I, G, and K;

1. The defendant and his defense counsel asserted that each investigation report was guilty, that the defendant did not deceiving the victims of the construction design service of this case as if they were to receive the construction permit. However, according to the evidence duly adopted by the court, the victims informed the defendant of the following circumstances, that is, before entering into the construction design service of this case, the victim was unable to obtain the construction permit at all times prior to entering into the construction design service of this case, and that the defendant was less sloped to the victims of the land of this case.

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