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(영문) 춘천지방법원 속초지원 2017.08.23 2015고단605

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2] On June 2, 2011, the Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic laws (unrelated measures after an accident) in the early branch of the Chuncheon District Court on October 10, 201, and the said judgment became final and conclusive on June 10, 201. On August 17, 2012, the same court was sentenced to six months of imprisonment for a violation of road traffic laws (drinking) and the said judgment became final and conclusive on October 25, 2012. On July 16, 2014, the same court was sentenced to one year of imprisonment for a violation of road traffic laws (dacting driving) and became final and conclusive on December 8, 2014.

[2] On June 25, 2010, the Defendant: (a) at the Defendant’s house located in Gangnam-gun D, the Defendant acquired the ownership of pine trees by purchasing the said pine trees (hereinafter “the instant pine trees”) from G, the owner of the forest in Jinsung-gun, Gangwon-gun, which is the owner of the forest in Jinsung-gun, and (b) obtained the ownership of pine trees; (c) upon receipt of an application for mountainous district conversion permission, the date of permission after 1-2 months; and (b) paid KRW 175 million to the victim as the purchase price; and (d) drafted the “water sale contract” stating the aforementioned purport with the victim.

However, under the circumstances where it is economically difficult for the Defendant at the time to pay approximately KRW 150 million to financial institutions, and to pay approximately KRW 700,000 as of the monthly interest, etc., the Defendant entered into only the above G and the above G to sell and purchase pine trees, but did not pay the down payment to the said G, and did not have ownership of the said pine trees. The Defendant has only a plan to secure ownership of the said pine trees by paying the purchase money received from the injured party to the said G. Moreover, the Defendant did not receive an application for conversion of mountainous district as to the said woodland, and even if the application for conversion of mountainous district was filed later, it was unclear whether it can be permitted to convert mountainous district within a reasonable period.