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(영문) 인천지방법원 부천지원 2017.06.21 2017고단522
사기
Text

Defendants shall be punished by imprisonment for six months.

However, the defendant A shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On September 19, 2012, Defendant B was sentenced to one year of imprisonment for a crime of fraud in the Incheon District Court’s Branch Branch, and on August 14, 2013, Defendant B was released on August 17, 2013 during the execution of the sentence, and the parole period expired on September 17, 2013.

[2] On August 21, 2014, Defendant B obtained a construction permit for the new construction of neighborhood living facilities in Y and 5 lots outside Taean-gun, Chungcheongnam-do, Chungcheongnam-do, and used the said construction permit, and used the said construction permit to lend the test fund to the construction business operator to commission the construction business operator to perform the construction, and received it by fraud.

1. On April 2015, Defendant B conspired to borrow money from a third party by using the data related to the construction project, stating that Defendant A “I will pay the development contribution to carry out the actual project when obtaining the construction permit for the construction project.” Defendant A conspired to borrow money from a third party by stating that “I will draw up a construction contract and collect money together with documents related to the construction project.”

Accordingly, on April 20, 2015, Defendant B issued documents related to the construction and construction contract to Defendant A at the J office located in Bupyeong-si, Busan, and Defendant A concluded that Defendant A will subcontract the construction work with Defendant A with the payment of money borrowed from the financial institution after having lent money as the construction permission was granted to Defendant M at the office of “L” located in Guro-gu Seoul Metropolitan Government (hereinafter referred to as “L”) around May 7, 2015.

However, it is aware that the Defendants only obtained construction permission, and there is no equity capital to carry out the actual construction work, and the public notice price of the land in this case is about KRW 400 million, and it is impossible to obtain a loan equivalent to KRW 4 billion, which is the cost required for the construction work, as security.

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