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의정부지방법원 2016.06.03 2015고단729
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2015 Highest 729]

1. On July 13, 2013, the criminal defendant against the victim C lent money to the victim C at the E E E construction office located in Nam-gu, Incheon Metropolitan City, for the repair cost of the park cemetery located in F in Nam-gu, Namyang-gu. Since there is a place to enter money thereafter, the defendant will make repayment to the victim C.

“.........”

However, since the above site of the park which the defendant called is located within the development restriction zone, it is impossible to grant permission as a park cemetery, and there was no intention or ability of the defendant to operate it as a park cemetery or to develop it as a park cemetery.

Ultimately, the Defendant, by deceiving the victim as above, was given KRW 7 million after deducting the amount of KRW 1 million from the one on the same day from the victim, and was given a delivery of KRW 7 million under the same name as the 15th day of the same month.

Accordingly, the defendant acquired the victim's property by fraud.

2. On July 15, 2013, the criminal defendant against the victim G extended money to the victim G at the place described in paragraph 1 at the time of July 15, 2013. The defendant would make repayment to the victim G because there is a shortage of funds for the FF’s Charnel project funds in South Korea-Si, Namyang-si. The defendant would make repayment in August 2013.

“.........”

However, the defendant was located within the development-restricted zone, and it was impossible to permit the park cemetery, and even if he borrowed money from the injured party under the above name, he did not have an intention or ability to repay the money.

Ultimately, the Defendant, by deceiving the victim as above, was given KRW 18 million after deducting the amount of KRW 2 million from the one on the same day from the victim, and was given KRW 9 million under the same name as the 27th day of the same month.

Accordingly, the defendant acquired the victim's property by fraud.

3. On April 10, 2014, the Defendant’s fraud against the Victim H is located in the “J Park Cemetery” front of the “J Park Cemetery” located in Chungcheongnam-si, Namyang-si, Namyang-si, and the Victim H.

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