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(영문) 서울북부지방법원 2018.08.17 2017고단3052
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 1, 2014, the Defendant made a false statement to the effect that “The Defendant, on April 1, 2017, at the site office of C, the Defendant registered as an auditor, and the victim D, “The victim D would have to perform civil and landscaping works in the golf course construction works in progress in the above E group.”

However, in fact, the above area is a development restriction area, there is no agreement between the owner or manager of the above land and the land use. There was no funds to carry out golf works, and the defendant did not have any intention or ability to take charge of the above construction even if he did not receive money from the damaged party because the part of authorization and permission related to golf courses was not carried out.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 40 million from the victim to the Saemaul Treasury account in his/her name on April 25, 2014; (c) KRW 15 million on July 1, 2014; and (d) KRW 40 million on three occasions, including KRW 5 million on July 22, 2014.

Accordingly, the defendant acquired the property from the damaged person.

On October 2015, the Defendant of “2017 Highest 5235, the Defendant was delegated by G’s owner of land with the right to lease the said land at a mutually influorous restaurant located in the Man-si, Man-si, Man-si, Man-si, Man-si.”

Of the above land, approximately 200 square meters would be used for about 6 years, so it would be changed to KRW 18 million."

However, in fact, the defendant was delegated only to leave the person who illegally occupied the above land from H and did not have the right to lease the above land. Therefore, the defendant did not have the intent or ability to allow the victim to use the above land for profit.

Nevertheless, the defendant deceivings the victim as above and transfers the victim's account under the name of the defendant to October 10, 2015, KRW 10 million, and KRW 5 million on November 30, 2015.

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