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(영문) 광주지방법원 2015.04.16 2014고단1989
사기
Text

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

Reasons

Punishment of the crime

B The Association, a sports facility, changed the use of D in Gwangju Mine-gu, for assembly facilities without permission. On February 2013, as a civil petition filed by neighboring residents, it was urged by the Korea Mine Office to impose a charge for compelling the correction of the non-violationed building and the charge for compelling the performance when it was not performed. In order to solve this, around April 2013, the Association requested the defendant who was entrusted with large-scale repair design service for the past D to solve the above problem.

On April 2013, the defendant made a false statement that 200 million won can be solved by the problem of restoration to the original state and the problem of imposing charges for compelling compliance, if the defendant is a member of the victim E church, a member of the victim E church, who is a member of the division in charge of the B church.

However, even if the defendant receives expenses from the victim, the defendant did not have the ability to cancel the restoration order for the illegal change of the use of the B church of the competent Gu office or to handle civil petitions so that it can be trained.

As such, the Defendant, by deceiving the victim, received a total of KRW 100 million from the victim, including KRW 10 million around the end of April 2013 and KRW 90 million on May 8, 2013, in terms of handling expenses, such as change of the purpose of use, etc., and acquired it by deceiving the victim.

Summary of Evidence

1. Entry of each prosecutor's protocol of examination of the accused in each part of the protocol of examination of the accused;

1. Statement made by the police officer in G; and

1. Investigation reports (Submission reports of reference materials as suspects), investigation reports (Submission reports of suspect design contracts), investigation reports (to hear reports on H telephone statements in the Mine Office), investigation reports (to hear statements in the Mine Office), and investigation reports (to forward reports related to the Mine Office);

1. Application of deposit slips, details of passbook transactions, and Acts and subordinate statutes on transactions;

1. The criminal defendant's fraudulent act of this case with the reason for sentencing of Article 347 (1) of the Criminal Act (consigning to the punishment of imprisonment with prison labor) concerning criminal facts and Article 347 (1) of the choice of the criminal punishment of this case is deceiving the victim who is placed in an imminent situation, thereby deceiving the victim of KRW 100

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