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(영문) 대구지방법원 서부지원 2016.04.29 2016고단226
사기등
Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2013, 2013, the Defendant had the victim C build a house with a number of 520 households on the land located in Namyang-si, Namyang-si, Seoyang-si, Seoul Special Metropolitan City. Since the number of 200 persons operate a restaurant at the construction site for 1 year and 6 months, the Defendant may pay a profit of 300 million won when operating the restaurant at the construction site.

It shall be allowed to operate a restaurant by making the deposit amount of KRW 30 million in the prime place.

In addition, a construction site made a false statement to the effect that if an investment of KRW 50,000,000 is made, an amount of profit of KRW 1,000 per month shall be given, and when the construction is completed, it shall be returned.

However, in fact, the Defendant entered into a provisional contract with E Co., Ltd. selected as the contractor of the said Housing Corporation in size of KRW 1.3 billion, and the said construction site did not operate a restaurant, and since the construction site itself was influence, it did not have the intent or ability to pay the victim a restaurant operating right or a proceeds from construction even if he received money from the injured party.

On August 23, 2013, the Defendant: (a) by deceiving the victim; (b) obtained a delivery of KRW 10 million from an unauthorized certified broker office near the Nam-gu Incheon Metropolitan Dongpo-dong Seopo-gu, Incheon; (c) obtained a transfer of KRW 2.5 million to the F’s account on August 28, 2013; and (d) received KRW 500,000 from G account on August 31, 2013; and (c) obtained KRW 950,000 on September 2, 2013; and (d) obtained KRW 80,000 from H’s account on September 5, 2013; and (e) obtained KRW 50 million on September 6, 2013, and obtained KRW 500,000 from H.

2. The Defendant who forged a private document or carried out the above investigation document was accused of acquiring 80 million won from C as in the preceding paragraph on November 201, 2013, and was subject to investigation by the Busan High Police Station, the Defendant received money from C by using the I resident registration number he/she became aware of in an irregular manner.

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