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(영문) 대구지방법원 2015.08.13 2015고단1733
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around August 2013, the Defendant, at the 3rd floor of Daegu Suwon-gu C building and D office, had the victim E, “In the case of the instant land, the Defendant has invested ten years in the instant project, and has given up all of which have been promoted in several companies, but has given up the redevelopment. Since the domestic residents have been delegated by the residents, there is no one who will engage in this project. At present, the Defendant may purchase the land at the level of KRW 7.5 million per square year, and with the consent of at least 60% of the residents, a project may become a sexuality within one year. At the 50 million won and the annual association operation cost of KRW 10 million per month, the union members’ general meeting cost of KRW 1,500,000,000 and KRW 2.5 million per year, the Defendant prepared the same agreement as the victim’s housing maintenance project and the victim’s share of KRW 13.1 million per year.”

However, the Defendant was not in a state with delegation from the land owners, and it was not possible to obtain the consent of the residents necessary for the redevelopment project, and it was impossible to purchase the entire land of this case at a level of KRW 7.5 million per square year, and there was no intention or ability to purchase the redevelopment project within one year.

Nevertheless, the Defendant received KRW 100 million from the victim on December 10, 2013, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Some statements made to the accused in the protocol of suspect interrogation by the prosecution (including the record of the E);

1. Statement of the prosecutorial statement concerning I;

1. A written confirmation and a notice of I;

1. Contracts and agreements between stockholders of the G housing rearrangement project;

1. Circumstances acknowledged by the evidence duly adopted and examined by this court as to the criminal intent of acquiring receipts and copies of checks, namely, the Defendant.

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