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(영문) 대구지방법원 포항지원 2018.08.16 2018고단461
사기
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

[criminal records] On October 13, 2016, the Defendant was sentenced to a suspended sentence of two years on October 23, 2017 by imprisonment with prison labor for the charge of forging official documents at the Suwon Friwon. The judgment became final and conclusive on May 23, 2017.

[2] On January 29, 2015, the Defendant: (a) concluded an agreement with E, the chairperson of the Promotion Committee for the Establishment of the Association for the Development and Improvement of D Housing Redevelopment; and (b) concluded an agreement with the owners of land within the area subject to the project pursuant to the said agreement to implement the redevelopment and improvement project; and (c) made it difficult to establish an association because the fund is not smooth while negotiating land with the owners of land within the area subject to the project; and (d) made it difficult for the Defendant to raise funds for the construction project of Pyeongtaek apartment located in Pyeongtaek-si to raise funds and to operate the said company; and (e) borrowed money by deceiving the victim F to use

On April 2015, the Defendant: (a) explained the victims of the project site subject to the development and improvement project of the above redevelopment and the H office located in the north-gu G at the port of port, and explained the details of the project; and (b) in the vicinity of the above office, it is urgently necessary for the victims to establish the D Housing Redevelopment Association and purchase the land to promote the project.

Since there is a situation that there is a person who will make an investment in this project, if 20 million won of the purchase cost of the land urgently required is lent to him/her, he/she shall receive an investment from him/her and repay it 15 days later.

“A false statement” was made.

However, even if the Defendant borrowed the above money from the injured party, it was thought that it would be used as the above company operation cost, the Defendant’s repayment of the Defendant’s obligation to the individual creditors, and the construction cost of the apartment complex located in Pyeongtaek-si, and there was no particular property or income in the situation that I already bears the obligation of 300 million won in relation to the purchase cost of the above redevelopment improvement project, and there was also a person who expressed the intent of investment in the redevelopment improvement project.

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