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(영문) 청주지방법원 제천지원 2013.11.21 2013고단560
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Although the defrauded D was trying to construct a studio building in Y in Ycheon-si, the owner of the studio building in the surrounding area had difficulty in closing the access road and securing access roads by filing a collective civil petition with the competent authority. After becoming aware of the victim’s above address, the Defendant attempted to acquire the money by deceiving the victim as if he/she had secured access roads.

On August 2007, the Defendant: “In the office of Suwon-si, Suwon-si, Suwon-si, 301, the Defendant obtained the permission of development activities, and obtained the permission of development for the construction of the third floor loan from the land outside G G G in the vicinity of the site where the Defendant wishes to go to go to go to the Party, and the permission of development has been granted between 10,000,000 won. The Defendant changed the amount of KRW 50,000 in return for securing the access road to the party’s studio building so that the access road to the party can be used as the access road to the party’s studio building. Moreover, if the Defendant additionally borrowed KRW 50,000,000,000,000,000 won, after obtaining the permission of development activities, and the loan will be used as the top priority in repayment of KRW 50,000,000,000,000 for the loan to the Party.”

However, around that time, the Defendant had failed to obtain ownership due to the unpaid purchase price of KRW 900 million for the above G and two parcels, so that the Defendant was unable to obtain the permission for development activities in the future, and the Defendant was notified from the Docheon Viewers around 2007 that he may obtain the permission for development activities only on the condition that he would contribute to the donation of KRW 99,174 square meters within 20 days from the date of permission. However, the Defendant did not purchase the above H’s real estate, even if the permission for development activities was granted, the Defendant did not have any ability to perform the conditions of donation, and thus, the permission for development activities would be revoked.

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