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(영문) 창원지방법원 2016.01.21 2015고단2765
사기등
Text

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

3,354,200 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is a person who runs a construction business under the trade name of Co. D in Kimhae-si Co., Ltd.

1. On May 2013, the Defendant committed the crime against the victim E was found at the victim’s office of G hospital in which the victim E, who was in F in the early Kimhae-si, works as a management director, to be a site for the establishment of a lifelong convalescent hospital.

“In other words, I and eight parcels of money were shown, and the victim expressed his intention to purchase them, and the victim was willing to acquire money from the damaged person in the form of an exclusive charge.

In the office of the above victim on January 2014, the defendant had to change the land category into a forest and field, later, the approval of the construction permit related to the construction permit shall be granted when newly constructing a convalescent hospital on the land.

In order to do so, approval has been obtained for macro-visual viewing, and a charge for exclusive use has been required for changing its title.

However, at the same time, K and 3 parcels out of 1 and 8 were purchased in the name of J or J in order to conduct a pentry project, and the remainder of 5 parcels were concluded and the remainder was settled. On January 2014, the Defendant would not make an investment as if he would make an investment in the J under the custody of investors due to the lack of land purchase funds.

The notification was made. Among the above eight parcels, L and three parcels were transferred to land category, and the remaining I and three parcels were already subject to permission by J. Therefore, even if the defendant received money from the injured party as the exclusive charge, he did not intend to purchase the above land and did not intend to use it as the exclusive charge.

The Defendant, on January 21, 2014, received KRW 3,000,00 from the injured party on or around January 21, 2014, and entered the list of crimes in attached Table (I) from January 21, 2014 to September 5, 2014.

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