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(영문) 청주지방법원 제천지원 2017.02.02 2016고단487

사기미수등

Text

A defendant shall be punished by imprisonment for six 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

In the indictment on November 29, 2010, the defendant, as a person who runs the business of cutting trees in accordance with the trade name D incheon City C, is stated as "27." but he/she seems to be a clerical error.

A sales contract was concluded to purchase down payment of KRW 500,00,000 in total amount of KRW 4,500,000,000, which is KRW 5,000,000, which is located on the land of 63,868 square meters of F forest land owned by the victims E and the victims of the Gyeongcheon-gun, Seocheon-gun, Seocheon-do.

The defendant tried to cut standing trees with permission from the competent authority after concluding a sales contract as above, but he/she failed to cut standing trees due to the lack of the receipt as prescribed by the relevant laws and regulations, during the period of January 22, 2015.

2.9. Racing and the same year; and

4. Around September 1, 200: (a) received notice from the injured party to the effect that “The contract will compensate for a penalty of KRW 1,000,000,000, which is a double of the down payment under the instant sales contract and revoke the said contract.”

When the Defendant received the aforementioned notification and came to know that the victim sold the standing timber in a forest to another person, the Defendant intended to bring a civil suit claiming compensation for damages by newly preparing a contract for selling standing timber with the content that the injured party would compensate for all relevant losses at the time of the selling person’s selling of the forest.

1. On July 11, 2016, the Defendant of a private document forgery: (a) indicated the item in forest land as “(s) 63,868 square meters,” “5 million won,” “one million won, five hundred and five hundred thousand won,” on the down payment item,” “29,000 won,” and “29,000,000,000 won,” on the remaining payment date item in paragraph (5) stating that “(b) of this contract waives the contract and compensates for losses by two times the down payment.”