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(영문) 의정부지방법원 고양지원 2013.04.11 2013고단254
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 4, 2012, the Defendant was sentenced to imprisonment with prison labor for one year at the Jeonju District Court for fraud, etc., and the said judgment became final and conclusive on April 13, 2012.

1. On December 2, 2010, the Defendant against the victim B, at the construction site of Gyeyang-gu Incheon Metropolitan City, called “B” to the victim B, at the construction site of the Seocho-gu Incheon apartment, that “(State) was promoting the project for the development of the village of the second package in the E and 197 plot of land, and was delegated by the chairperson of the Republic of Korea (State)DF to conclude the contract for the construction of the said civil works. On February 201, 201, the Defendant may commence the civil works, and the contract for the construction of the civil works is changed to KRW 50,000,000.”

However, in fact, the above project for the development of the village in the 2nd project in which D is expected to implement, was in a state of impruption at any time due to the failure to complete the purchase of the land at the time, and the Defendant did not have been finally delegated by the F that planned the above project with the authority to conclude a contract for civil engineering works. Therefore, the Defendant did not have any intent or ability to cause the victim to receive a contract for the normal civil engineering works.

As above, the Defendant, by deceiving the victim, received KRW 45 million from the victim on January 12, 201, KRW 200 million on March 2, 201, KRW 200,000 on March 23, 2011, KRW 200,000 on April 6, 201, KRW 200,000 on May 14, 201, and KRW 50,000 on October 10, 201, from the Defendant’s account.

2. Fraud against victim G;

A. On April 7, 2011, the Defendant, at the I’s office located in P of Pakistan-si around April 7, 201, carried out a project to create a second-style village by the F Chairperson of (State) D to the victim G. They have already been determined by the occupants, followed the migration agreement between the Papju and the original residents, and upon the formation of the site, the 600,000 lusium was 60,000,000, and was delegated by the F Chairperson with the authority of the Corporation, so the project may perform civil engineering works clearly.

The investment cost and expense of the project are money.

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