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(영문) 부산지방법원 2018.08.16 2018고단1967
사기
Text

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

Reasons

Punishment of the crime

[criminal record] On August 14, 2014, the Defendant was sentenced to ten months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence at the Busan District Court on December 4, 2012. On May 23, 2016, the Defendant was sentenced to imprisonment for one year and six months for fraud in the Busan District Court’s Dong Branch Branch, and was sentenced to one year and six months for which the judgment became final and conclusive on October 18, 2016.

[Criminal facts]

1. The Defendant committed a crime against the victim C in the office of the victim C management corporation in Kimcheon-si, Kimcheon-si, Inc. in the middle of January 2015, the Defendant is currently under permission for the above victim’s viewing of the victim’s “in order to permit the extraction of aggregate from the F in the Innju City, the Defendant is currently underway.

In December 2015, aggregate extraction permission and permission for the construction of farming grounds are expected to be obtained by the end of the period.

The scale of aggregate extraction from the aquaculture construction is approximately KRW 15 billion project to be included in approximately 20 billion.

If funds for permission, etc. for the extraction of aggregate are invested, subcontracting works for the extraction of aggregate will be implemented.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant did not have applied for permission to extract aggregate or permission to construct a fish farm for the land located in F at the time of leisure, and even if the Defendant entered into a loan agreement with the State and obtained permission to use and benefit from the said land in advance to obtain permission to extract aggregate, but did not follow such procedures, the Defendant did not have the intent or ability to allow the said victim to perform subcontracted works for the extraction of aggregate, even if he did not receive money from the said victim.

On March 30, 2015, the Defendant: (a) by deceiving the said victim; (b) received money of KRW 10 million from the new bank account (H) in the name of G around March 30, 2015, from the said victim; and (c) received money of KRW 230 million in total over 13 times from the above day to October 23, 2015, such as the daily list of crimes (1).

2. The Defendant is aware of the trade name in the Seo-gu Standing District of Gwangju on August 2015.

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