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(영문) 대전지방법원 2014.11.14 2014고단2384
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for seven months and by imprisonment for five months.

Reasons

Punishment of the crime

Defendant

A is a person with no certain occupation, and Defendant B is a person who served as a director of the redevelopment partnership of the redevelopment project of approximately 20,000 square meters in Seo-gu Daejeon, Daejeon.

At the end of May 2007, Defendant A provided the victim F and the victim I with the “H” office located in Seo-gu, Seo-gu, Daejeon, which is operated by the victim F, “A will create a collateral on the five-story bath buildings owned by the victim D and J in preparation for the case where the removal project does not proceed as scheduled.” The Defendant B provided the victim F and the victim I with the phrase “A will create a collateral security on the building for the five-story bath buildings owned by the victim, which is located in Seo-gu, Daejeon.”

However, in fact, although Defendant B was a director of the above redevelopment association, there was no final building permit until then, and in order to execute the removal work, it was extremely unclear whether the removal work can be performed to the victims by obtaining consent from the president of the association, other directors, and members. The above bathing building provided as security was not an intention or ability to return the money received when it was impossible to perform the removal work or when it was impossible to reduce the removal work even if it was paid money from the victims as the guarantee deposit for the removal of the goods.

Nevertheless, the Defendants conspired to induce victims as above, and received 10 million won in cash from the above H office on the same date and time as the performance guarantee bond from the victims, 40 million won in cash, 40 million won in a cashier's checks in front of the Daejeon District Court on June 26, 2007, and 20 million won in total from the Defendant A's account on July 31, 2007.

Summary of Evidence

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