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(영문) 대전지방법원 공주지원 2013.10.18 2013고단80
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2013 Height 80] The Defendant, as a representative C, called D’s agent, to find out a business operator who will perform the Fthing construction work at the F site to E, and this proposed that E will give the victim G with the payment of the Fthing construction work at the F site at KRW 50 million.

Around July 21, 2011, the Defendant stated that “A victim G, who was transferred to E at the above C office, would be awarded permission to engage in a cover work at the F site in Seosan-si H, Seosan-si, which would be awarded a subcontract for the construction work, and thus deposit KRW 20 million with the down payment.”

However, the fact was that the J operated by the defendant at the time of the application for temporary use permission was only applied for the same business relationship with the defendant, but did not obtain the consent of the residents, and the forest trees treatment plan submitted at the time of the above application was also prohibited from taking out outside the country and treated as the forest trees in neighboring areas. Therefore, the victim did not have the ability to subcontract the forest trees construction work.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim to the K account on the same day.

[206] Around the end of 2007, the Defendant received KRW 50 million from the victim L to purchase forests, such as M, N, andO, and the land of nine parcels owned by P on December 17, 2007, upon receiving a request from the victim L to purchase the land of five million won for the street around December 17, 2007, and then asked S to purchase the expenses. However, the Defendant attempted to make a false statement that the funds need to be added to the street and receive the money.

On April 2008, the Defendant made a false statement to U.S., “I.D. preparation to make money more necessary with expense funds” at the Defendant’s residence located in T apartment No. 402, 1302, 1302 at the victim’s request, and sent it to the victim.

However, the facts are not required to cover the cost of the building, and the defendant receives money in return for the bid price of the building.

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