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(영문) 의정부지방법원 2015.01.20 2013고단3357
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 August 10, 2010, the Defendant was sentenced to one year of the suspension of the execution of imprisonment with prison labor for six months for the crime of breach of trust in Suwon District Court Anyang Branch on August 10, 2010, and the said judgment became final and conclusive on June 30, 201.

[Judgment of the court below] The defendant is the representative director of "E" who develops forests and fields as a site for the whole house and sells them in lots.

1. On May 29, 2010, the Defendant concluded on May 29, 2010, that “On May 29, 2010, the Defendant would terminate the part attached to the real estate within 60 days at the latest if only the land sale contract was made, obtain permission for development activities by constructing access roads, and transfer all documents necessary for the registration of transfer of ownership.”

However, the Defendant had no intention or ability to develop the forest area as a housing site so as not to impede the construction authorization and permission activities, such as cancelling the provisional seizure of the real estate within 60 days, and constructing access roads, even if some forests and fields are sold to the victims in the course of developing the forest area equivalent to the “H Tyeong-gun H Tyeong-gun H 12,000 square meters,” as the site site.

The Defendant entered into a sales contract with the victim for the Gyeonggi-I forest (5.49 square meters in lots) with the victim, namely, the total purchase price of KRW 110 million,000,000, and acquired KRW 50,000 from the victim as a contract deposit.

2. On April 9, 2011, the Defendant made a false statement to the effect that “Around April 13:30, 201, the Defendant, through the J, the victim’s will, the victim, “on the part of the part of the Corporation, the need for the Corporation, changed to KRW 10,000,000,000,000,000,000,000,000 won.”

However, even if the defendant receives the above money from the victim, he did not have the intent or ability to develop the said I forest as a housing site so that it does not interfere with the act of building authorization and permission.

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