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(영문) 대구지방법원 안동지원 2016.01.26 2015고단515
사기
Text

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

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

Reasons

Punishment of the crime

1. The Defendant, as to the victim B, was aware of the intent or ability to implement the quarrying development project on the land of Ansan-dong City, by deceiving the victim B and receiving money for personal use as investment money, as if he was able to develop tinsan without any intention or ability to implement the quarrying development project.

In the vicinity of Ansan-si around December 12, 2012, the Defendant did not obtain consent to the development of stone collection grounds or conclude a regular sales contract from the clan that is the owner of the above site, and the Defendant did not have obtained relevant authorization and permission for the development of stone collection grounds, and therefore, there was no intention or ability to develop stone in the above site, and therefore, it is urgently needed to pay money to the Defendant for the development of stone.

The phrase “I will return Dolman’s money,” which received five million won from the injured party to the Agricultural Cooperative (D) account in the name of the Defendant for the purpose of borrowing money from the injured party, and received the total amount of 40 million won from the time to December 17, 2013, as shown in the list of crimes in the attached crime, and acquired it by fraud.

2. On November 15, 2013, the Defendant’s fraud against the victim E is necessary to obtain permission for construction of a permanent multi-family apartment at the construction site of the elderly hospital located in Ansan-si F on November 15, 2013 to the victim E.

On the face of this loan, it was false to borrow money necessary for the construction permission to give a subcontract for the above electrical construction and make payment three months later.

However, in fact, the defendant did not have any intention or ability to subcontract electrical construction to the victim as well as did not have any intention or ability to repay the money to the victim even if he borrowed money from the victim due to the absence of a certain workplace or fixed income, since he had not promoted multi-family apartment construction at the time of permanent residence.

The Defendant received KRW 10 million from the damaged party to the Defendant’s H account in the name of the Defendant’s wife G with the borrowed money.

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