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(영문) 의정부지방법원 2015.04.08 2014고단1949
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was delegated with all authority related to the promotion of apartment development projects in the industrial complex in the above D around December 7, 2012, as the representative of D established for the purpose of improving the welfare and expanding the foundation for self-reliance of those who are Hansen's disease-related disease-related disease-related disease-related in the Namyang-si

around April 9, 2013, the Defendant concluded a contract for removal of the said soil environment by paying KRW 350 million to G, who is an employee of the victims’ soil environment in the said F Industrial Complex located in Namyang-si, Namyang-si, Inc., “F industrial complex is a non-profit organization where persons affected by Hansen’s disease collected and worked for a long time in the name of D.” Since F Industrial Complex was planned to promote the construction industry after removing the F Industrial Complex as a policy project, the said soil environment will be paid KRW 450,893 square meters as a performance bond for removal of construction works of KRW 450,000,000 and will be paid KRW 1395,50,000,000 for the total construction cost around July 20, 2013, which is the date of execution, and if the Corporation does not proceed, the contract bond will be immediately returned.”

However, on February 19, 2013, the Namyang-si established the F Complex District Unit Plan and submitted a strategic environmental impact assessment report to the Han River basin environmental impact assessment agency in relation to the above F Industrial Complex Unit Plan, but the Han River basin environmental office rejected the assessment report on the ground that the "reasonable treatment plan according to excess of sewage treatment plant capacity" should be established on March 20, 2013, and the Nam River basin environmental office rejected the assessment report on the ground that it is unclear whether the removal of the F Complex and apartment construction were made at the stage of formulating the appropriate treatment plan according to excess of the above sewage treatment plant capacity. Therefore, even if the victim received the performance bond for the removal construction project, the victim did not have the intent or ability to force the removal construction work.

As such, the Defendant deceivings the Victim G employee of the Victim, and thereby deceivings the Victim to do so, KRW 150 million on April 9, 2013, and KRW 350 million on April 12, 2013, in total, KRW 350 million on April 2013.

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