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(영문) 전주지방법원 정읍지원 2016.12.15 2016고단352
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On July 24, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Eastern District Court, and the judgment became final and conclusive on August 1, 2014.

【Criminal Facts】

At the time of the instant case, the Defendant is a person in charge of treating civil petitions related to construction works conducted by the said companies, with the position of the Chairperson in the form D and Limited Liability Company E.

1. On August 23, 2012, the Defendant against the victim F made a false statement to the effect that “A limited liability company would, in order to develop tin acid in the Si H, I, J, K, L, and Si Ma in order to develop tin acid, the Defendant would be able to obtain permission from E in order to collect building stones from the said company,” located in the Defendant’s office located in Jung-Eup, Chungcheongnam-Eup, Chungcheongnam-do.

However, in relation to the development of the above tin acid, there is no fact that there was no application for permission for gathering earth and stones in order to make the above works available to the victim, and there was no intention or ability to allow the victim to receive the above works.

Nevertheless, on October 2012, the Defendant received KRW 20 million from the victim as investment money in the early police.

Accordingly, the defendant was given property by deceiving the victim.

2. Around September 8, 2013, the Defendant made a false statement to the effect that, “Around September 8, 2013, the Victim N would be able to acquire the ownership of the said land if the Defendant had a lien on the said hotel because he/she had a lien on the said hotel in the land located in the Seo-gu Incheon, Seo-gu, Incheon.”

However, the Defendant did not have a lien on the above hotel, and the right to collateral security was established on the above land with a maximum amount of KRW 6.7 billion, and the Defendant did not have any particular income or property at the time.

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