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(영문) 수원지방법원 안산지원 2013.08.28 2013고단888
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant and C want to lease the instant land of Geumcheon-gu Seoul Metropolitan Government (hereinafter referred to as the “instant land”) for a long-term lease so that they can stop a building by obtaining a building permit on the said land, and by deceiving other persons to use the money for their debt repayment, etc., and the Defendant received documents, such as the real estate lease contract, from F, the representative director of the E Co., Ltd. managing the instant land, and the Defendant offered them to C with the intention of deceiving other persons by deceiving them by using the said real estate lease contract, etc., and then the Defendant obtained the above F’s signature and seal from F on April 30, 2009.

C presented the H coffee shop located in Seocho-gu Seoul, Seocho-gu, on April 30, 2010, to the victim I the above lease agreement on April 30, 2009, and it does not interfere with life-long eating and drinking if one rents a commercial building on the door. The land owner was responsible for the company and the construction permit was granted, and the contract would be extended every five years after the expiration of the 20-year rental period.

However, in fact, it was impossible to construct the instant land due to the lack of a road in the vicinity, and as part of the site 40,000 square meters of J building approved as a green area, even if a road exists in the surrounding area, it was impossible to obtain a building permit independently for the instant land. The Defendant and C did not have the intent or ability to obtain a building permit for the instant land from the victim without the consent of 1,370 co-owners of J building, and the said F did not have the ability to make a long-term lease for the instant land without the consent of 1,370 co-owners of J building.

The defendant and C acted in collusion as above and deceiving the victim, and they belong to it on April 29, 2010 from the victim.

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