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(영문) 대구지방법원 2015.09.11 2014고단6559
사기
Text

Defendant

A Imprisonment with prison labor for six months, and for one year and six months, respectively.

However, from the final date of this judgment.

Reasons

Punishment of the crime

Defendant A of the 2014 Highest 6559 [Defendant A] is a person operating the Architect office, Defendant B is the president of the F Foundation, which is a foundation, and the said foundation and the G Information Science High School (hereinafter “G Information Science High School”) have no relation thereto.

around October 2013, the Defendants: (a) around the fourth floor of the H building in Daegu-gu H building; (b) Defendant A told the victim I to “G Information Science at Daegu-gu, and the new construction work is scheduled to be undertaken to move the school site to J-ro, Daegu-gu, North Korea-gu; (c) civil engineering and design are different; (d) construction deliberation will take place around November 2013; (c) construction will take place; and (d) Defendant B would have the victim carry out construction if the amount of KRW 200 million is necessary to purchase the school site; and (d) Defendant B said, “The substantial foundation of the G Information High Council in Daegu-gu, the president of the board of directors of the board of directors of the board of directors of the board of directors.”

After that, around December 15, 2013, Defendant A stated, “The construction deliberation related to the new school construction work has been made on December 2013, 2013,” to the victim, Defendant A said, “The deliberation will be made immediately. It would be urgently needed to pay KRW 15 million out of the street funds, so that the construction permission may be promptly granted and the construction may be carried out by delivering KRW 1,5 million to the face-to-face Review Board, respectively.”

However, the Defendants were unable to secure school sites and access roads under the receipt of only an application for a construction permit on November 7, 2013 with respect to the new construction of the G Information Science Complex, and there was no civil engineering and construction design, and thus, the construction deliberation or construction permit was inappropriate. Defendant B was not an actual operator of the G Information Science Complex, but did not have any specific property and was incapable of performing the new construction of the school. Therefore, even if the Defendants received money from the victims, there is no intent or ability to allow the victims to undertake the new construction work.

Accordingly, the Defendants conspired with each other.

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