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(영문) 대전지방법원 천안지원 2016.02.04 2014고정1197
사기등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Basic Facts] In relation to a plan to develop land of 56,376 square meters outside Asan-si and 22 lots of 56,376 square meters as a factory site, the Defendant is an executive officer of F Co., Ltd. who is entrusted with the business of acquiring permission from the competent authority from the victim E, etc. (hereinafter “victim”).

Around November 15, 201, the FF was notified of the approval for the establishment of a factory of ELD Construction Co., Ltd., Ltd., the main company of which is the ELD Construction Co., Ltd.

[Criminal facts]

1. As to 12.5 million won delivered by the victim to G, the representative of the neighboring landowner of the land subject to development on November 19, 2010, under the pretext of obtaining the consent of use from the neighboring landowner, the Defendant received three million won around July 10, 2012 and granted four million won around August 15, 2012 for the victim, and embezzled it to the victim by using it for personal use, such as living expenses, etc. from Asan-siwon around that time.

2. On August 23, 2013, the Defendant of fraud calls the victim on or around August 23, 2013 to obtain a written consent to land use again from the owners of adjoining land who intend to construct a road. On or around August 23, 2013, the Defendant sent money to the victim immediately in order to persuade himself/herself.

The term “assumed” was changed.

However, the defendant was the intention to use the above money for personal purposes such as credit card price in arrears at the time of receiving the above money.

Nevertheless, the defendant told the victim who was unaware of such fact, and he received 7.5 million won from the victim to the account used by the defendant and acquired it by fraud.

3. Around September 5, 2013, the Defendant, on or around September 5, 2013, embezzled, demanded that the victim “H, the landowner of each parcel of land, requires the victim to add 20 million won to the additional special agreement from the pre-existing land sale price. As such, the Defendant’s consent to land use and seal impression should be obtained.

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