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(영문) 대구지방법원 2016.11.25 2016고합391
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 18, 2012, the Defendant was a representative director who establishes and operates (ju) DD, which mainly engages in new construction and sale of housing, real estate development and lease business, etc., and was engaged in a service contract for the overall authorization, permission, etc. of the project with respect to the FFF apartment construction business in the Daegu-gun District, around the end of July 2014.

1. On March 5, 2015, at the Dong-gu Seoul metropolitan building, and the victim H (Representative I) office in the fourth floor (Representative I), the Defendant concluded a contract related to the construction of the above F F F F FF apartment, and concluded a contract related to the authorization and permission of the business group and the purchase of the project site, and made the J, a person in charge of the victim’s duties, “First of all, the service cost of KRW 300 million, out of KRW 3 billion, to be the down payment, shall be able to take over the business site and all the authorization and permission rights promoted in (ju) E, and shall be able to obtain the approval of the district unit plan later. If the service is not performed within three months, the Defendant would return KRW 300 million as it is.”

However, even though the project promoted by entering into a service contract with the EE is not a proper progress, the defendant entered into a service contract with the victim to use it as gambling funds, and he did not have the intent or ability to execute the above service contract or to refund the service fees in the future by allowing the E to transfer the right of the project to the victim at the time.

As above, the Defendant, by deceiving the victim, received KRW 300 million from the victim to the national bank account (L) in the name of the same day from the victim, and demanded additional service costs in the above manner, and obtained a total of KRW 400 million by receiving KRW 100 million on the 31st day of the same month.

2. The defendant in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) shall be the victim of Daegu Suwon-gu M building around August 8, 2014 and one third floor.

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