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(영문) 수원지방법원 성남지원 2016.04.06 2015고단667
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 2012, 2012, the Defendant made a false statement to the victim C, stating that “The viewing employees are well aware, and the purpose of the Si of Gwangju-si owned by the party is changed to the factory site from an agricultural and forest area to the factory site.”

However, the defendant was planned to use the above money as office operating expenses, and even if he received money from the injured party due to lack of expertise or experience in change of land use, he did not have an intention or ability to change land use.

Nevertheless, on June 22, 2012, the Defendant received a total of KRW 131,400,000 from the victim to the E account under the name of the Defendant, from the time when he received the remittance of KRW 5 million from the victim, and received a total of KRW 131,40,000 from the victim, such as the list of crimes in the attached Form.

The Defendant in collusion with F and G on March 21, 2013, the Defendant: (a) at the Lan Certified Architect office located at 1139 located at the beginning of the Seocho-si in Gwangju on March 21, 2013; (b) at the victim J of Gwangju-si on the land use plan to alter the land use plan for “80 million won in return for the change of the land use plan; (c) the land use plan for the non-permanent site of Gwangju-si in the same city; (d) the construction company has a real history and has a career to change the land use plan for the non-permanent site of the same city; and (d) the alteration of the use is sufficiently possible.

In addition, it was false to the effect that the purpose of use has been changed even before the towing, and that, once the guarantee insurance issued by the Financial Cooperative is issued, the use of the contract deposit amounting to KRW 80 million shall be changed within six months at the face of a week, and when the change of use is well known, the contract deposit shall be returned.

However, the land use plan is determined by the urban management plan, and the defendant, F, and G did not have the ability to change the purpose of use for the above land of the damaged party, and there was no intention or ability to return the money received even if the day does not proceed well.

In the end, it is eventually.

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