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(영문) 춘천지방법원 강릉지원 2016.02.04 2015노675

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. The Defendant is able to gather and remove pine trees according to the instant permission for development activities by hearing horses, such as Q, V, P, etc. on the side of the I Stock Company (hereinafter “I”) that would allow them to take out pine trees through design change following subsequent consultation with Gangnam-si.

Since it was believed that there was no intention of defraudation.

B. The Defendant did not induce victims since he explained the victims that the permission for the development of the primary site was already granted and the application for the development of the secondary site was scheduled, and that he was subject to a sales contract for the said site.

(c)

Dock

Even if the court below's punishment (one year of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below to the same purport is just and there is no error in the misapprehension of legal principles, which affected the conclusion of the judgment, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of misunderstanding of facts or misunderstanding of legal principles.

The above assertion by the defendant is without merit.

1) Before the Defendant resells pine trees to the victims, the Defendant already added the condition that “the entire quantity of pine trees in the project site shall be transplanted in accordance with a small-scale environmental impact assessment opinion and project plan on pine trees in the project site and reuse them for shielding forest and landscaping, but with respect to pine trees excavated during construction works, the Defendant shall not take out the project site after planting the entire quantity within the project site and planting them after planting them, and if this condition is violated, the permission may be revoked in accordance with the Mountainous Districts Management Act,” and the cost of creating alternative forest resources in an amount of approximately KRW 57 million and the cost of restoring approximately KRW 326 million in mountainous district (a license guarantee insurance policy).