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(영문) 수원지방법원안산지원 2020.11.05 2020고단1048
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Around March 29, 2019, the Defendant, at the victim B’s office located in Ssung C, sought to operate a medical care center by altering the purpose of use of the land and the 4th floor building outside of C and above the ground owned by the victim. “The construction line and the borderline of the neighboring site must meet 3 meters from the building site, so it is impossible to change the purpose of use because the requirements of the Ordinance are not met.” The victim is working from the D Group as a professor of Seoul E University, and the victim is also working as a professor of the Seoul E University. As such, the change of use may be permitted through a person who is going to go from the D Group. When paying design expenses, etc., the Defendant would be able to receive a permit to change the purpose of use within 4-5 weeks after filing an application.” Once the change of use becomes known, the Defendant made a false statement to the effect that “the entire cost will be refunded.”

However, even if the defendant receives money from the victim as a design fee, he thought that it will be used for his personal purpose, and there was no intention or ability to return the full amount of the expenses if he would be permitted to change the use through connection or would not be permitted.

Around April 19, 2019, the Defendant, by deceiving the victim as above, received 32.5 million won from the victim to the Agricultural Cooperative (G) account in the name of the Defendant’s wife F, under the name of design cost, expenses, etc., and acquired it by deceiving the victim.

Summary of Evidence

1. Details of witness B, H, and I’s each legal statement B, and each police’s written statement of statement of the witness H, each written statement of the police station with H, all certificates to be registered, building register, etc., name cards, e-mail, electronic tax invoices, electronic tax invoices, details of entry and departure transactions, text messages, design drawings, details of civil petitions history inquiries, power of attorney,

1. A standard contract on the design of a building, the details of the Kakao Stockholm dialogue between A and I, and the details of the Kakao Stockholm dialogue between A and B;

1. Each investigation report defendant and defense counsel have the ordinances of the Sung-si related to the distance at the time when the defendant entered into the instant service contract with the victim.

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