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(영문) 전주지방법원 2019.01.09 2018고단1005
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who is a business employee of (ju)B, a company installing solar power facilities.

1. Around January 2017, the defrauded against the Victim C, along with the Victim C, was asked from the Victim C whether solar facilities can be installed, and then the Defendant was issued a land cadastre, a certified copy, a stable building register, a certificate of land use plan, etc. to the Victim on March 2017.

After that, on March 16, 2017, the Defendant made a false statement to the victim C’s house located in F of the Jeonbuk-gu, Jeonbuk-gu, Seoul, stating, “The permission for solar power generation may be obtained. D construction may also be completed. E may install 100kw level 2 equipment.”

However, in fact, the above area could not be permitted to install solar power generation facilities in the agricultural and forest area, and even if the defendant received the payment from the victim, he did not wish to use it individually, and did not have the intention or ability to construct solar power generation facilities.

The Defendant, from the victim’s account G account under the name of the Defendant, was KRW 10 million around March 27, 2017, and the same year.

4. The remittance of 40 million won in total, including the remittance of 18.3 million won;

2. On June 2017, the Defendant against the victim I received a proposal from the victim I to “it is scheduled to install solar power infrastructure at present, and even if he/she has obtained or lent an electric license, he/she shall work and undergo a completion inspection.”

On July 19, 2017, the Defendant concluded on July 19, 2017 that “The Defendant would use money for one month and return money again after obtaining a license” to the victim at the instant coffee shop in the Seoul Building.

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