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(영문) 창원지방법원 2015.04.28 2014고단1082
사기등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall pay 90,100,000 won to the applicant for compensation by fraud.

3.2

Reasons

Criminal facts

On February 1, 2013, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for occupational embezzlement at the Changwon District Court on February 1, 2013, and the judgment became final and conclusive on February 9, 2013.

The Defendant was the head of the “D Housing Reconstruction Improvement Association” located in Changwon-si, Changwon-si, and the above association was authorized to establish an association on June 1, 2009, and the Urban Planning Committee was rejected on July 4, 201 with respect to the application for approval for the designation of a rearrangement zone submitted by the said association on July 4, 2011. Accordingly, the said association applied for an approval for the alteration of the designation of a rearrangement zone on December 22, 201, and the said association applied for an alteration of the rearrangement zone on June 25, 2012. The said association made an alteration of the rearrangement zone around June 25, 201, and the said association applied for the authorization for the implementation of the project.

From around 2010, the Defendant retired from the position of the president of the above union on the ground of occupational embezzlement around 2013.

"2014 Highest 1082"

1. Around April 201, the Defendant of the Victim E stated that “A victim would be given a favorable position in the process of rebuilding, if he/she lends money to the president of the F apartment reconstruction association of Changwon-si, and if he/she lends money, he/she would be given a favorable position in the process of rebuilding the apartment.”

However, in fact, subcontracting of civil engineering and removal works is not the authority of the president of the partnership but the construction works at the time were not the authority of the president of the partnership. Furthermore, at the time, the application for designation of a rearrangement zone, which is the most early stage of reconstruction procedures, was rejected by the Urban Planning Deliberation Committee established under the Changwon-si, and it was anticipated that the selection of the construction works at the time will undergo a difficult port due to the situation of large-scale housing unsold in lots that began from around 2009, and the progress of reconstruction in the future

Nevertheless, the defendant made a false statement to the victim as above, and received 20 million won from the victim around that time, and acquired it by fraud.

2. The victim C.

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