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(영문) 수원지방법원 여주지원 2013.05.31 2012고단943
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

On February 2011, the Defendant is a person who resides in Gyeonggi-gu E Apartment 502 in the name of wife D, and around 2009, the Defendant: (a) around February 2, 201, at the “G” restaurant located in Yangyang-gun, Gyeonggi-do, Yangyang-gun, the residents of some of the above apartment units, having a written consent to re-building, and (b) on February 2, 201, the Defendant may start re-building construction works within four months after the completion of the promotion of the association. The Defendant is entitled to the right to re-building construction of the apartment to the Defendant on the face of the week. The number of existing members is 19 households, and the number of the number of the newly-built apartment units is 44 households and profitability, and the construction works are 1 billion won or more. If the re-building project is not implemented properly, the Defendant would return the entire amount of money received without the promotion of the re-building project.”

However, the facts are that the defendant promoted reconstruction of the above E Apartment in around 2009, but failed, and the defendant did not have been appointed as a reconstruction association owner with the consent of the above apartment residents. At this time, some of the heads of the above apartments could not at any time join the association. At this time, the above H et al. selected as a site for the reconstruction project did not obtain all consent to use from the owners of neighboring land, such as the above H et al., which was selected as a site for the reconstruction project, and even if he did not have any business fund due to bad credit standing and received money from the victim for various purposes, he thought that he would use it for his personal purpose, and therefore, he did not have any intent or ability to establish the association within four months and to allow the victim to start the construction as the construction owner.

Ultimately, the Defendant, as seen above, deceiving the victim and deceiving him from the victim, refers to the cost of preserving the house fixtures, etc. invested by the existing constructor around February 21, 201.

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