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(영문) 서울중앙지방법원 2014.02.20 2013고단6304
사기등
Text

The defendant shall be punished by imprisonment with prison labor for one year, and a fine of 3,00,000,000 won for the second crime as stated in the judgment.

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2007, the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Tax Evaders Act by the Seoul Northern District Court on November 16, 2007, and the above judgment was finalized on November 24, 2007.

【Criminal Facts】

1. On March 2006, when the Defendant died with the Dongdong C, the Defendant did not have funds to remove the funeral hall D located in Gyeonggi-si, the elderly hospital, and the acquisition and remodeling of the accommodation facilities located in Macheon-si, and there was no specific method for raising funds. Although the site for the elderly hospital was in a state of not filing an application for the construction permit for the site, it was uncertain that the construction of the building could not be possible because the construction permit was not applied to the Yangyang-gun Office, the lower court concluded a contract with the victim and the victim G operating the F to the effect that “The date the building permit was granted, and the construction may be commenced immediately due to an investor who will pay the construction cost may be paid the construction cost,” with the intent that “the new elderly hospital construction project” and “EA Lodging facility construction project” enter into a new contract with the victim and the “the construction project”, and intended to acquire the money under the pretext of the construction design cost, tax, company operating expenses

Accordingly, the Defendant, around April 7, 2006, had Dong-si C enter into a contract for the construction of the Overseas Hospital for the Aged in Gyeyang-gu with the victim on April 30, 2006, which begins from around April 30, 2006, with the total construction cost of KRW 4.167,80,000, and began the construction from around May 10, 2006 to around June 30, 2006, with the total construction cost of KRW 1.122,00,000,000, and thereafter, the Defendant directly signed each of the above contracts.

As above, the Defendant was able to perform the construction work of the new elderly hospital or the extension work of accommodation facilities as if he did not have the intent or ability to contract to the victim during the period of the promise, and on March 27, 2006, the Defendant “the elderly hospital” to the victim through East C.

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