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(영문) 서울서부지방법원 2016.09.23 2015고단1543
사기등
Text

Defendants shall be punished by imprisonment for eight months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendants have the land of KRW 7 billion in Pyeongcheon, Pucheon, Puju.

The author tried to obtain money from victims E for the purpose of purchasing land by emphasizing re-performance.

1. Joint crimes committed by the Defendants

A. Fraud (1) On June 2012, the Defendants of the loan funds related to the land located in Hongcheon-gun, Hongcheon-gun, Gangwon-do, intended to purchase the land of Hongcheon-gun, Hongcheon-gun, Gangwon-do, and the present building permission was not granted, but Defendant B attempted to grant a building permission by doing work and Defendant B, and if the building permission was granted, the above land would be purchased under the name of the victim, and if 40 million won was lent to purchase the said land, the said land would be purchased under the name of the victim, and the building permission was returned to recover the name again after the occurrence of the building permission. Accordingly, Defendant A conspired to borrow money from the victim E in the mutual influenz of the trade name located in Hongcheon-gun, Seocheon-gu, Seoul at that time.

The fact is that the above I and J land at the time goes through the front of K Village or KL frequency. The above H land is connected to the K water source and, in order to enter the land through the front of the “L frequency”, it is necessary to create a bridge and the cost of various permissions and development costs in addition to the purchase cost of the above land, such as up to the number of million won, etc. In addition, even if the Defendants are living with a third party without any property or revenue and borrow money from the damaged party, they did not have any intent or ability to pay the money even if they borrow money from the damaged party due to the circumstance that it is impossible to develop the above land and make profits.

On June 11, 2012, the Defendants conspired as such to induce the victim, and thereby deceiving the victim, were borrowed from the account in the name of Defendant B with the treatment securities account in the name of Defendant B.

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