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(영문) 서울중앙지방법원 2015.05.07 2014고정2929

사기

Text

The Defendants are not guilty. The summary of the judgment of innocence against the Defendants is published.

Reasons

1. The summary of the facts charged is married to the Defendants.

On July 17, 2012, the Defendants changed the victim E from the coffee shop in Seocho-gu Seoul Metropolitan Government to KRW 10,000,000 as the purchase price of standing timber, on the grounds that “The Defendants would make a false statement to cut standing timber so that they may obtain a permit to cut standing timber from the Pyeongtaek-gun Office.”

However, the Defendants had no intention or ability to sell standing timber to the victim because they had already consented to the felling of standing timber in 2008 even if they received the purchase price of standing timber from the victim.

As above, the Defendants received 8,00,000 won as a check from the victim, namely, on the pretext of the purchase-price of standing timber, and 1,000,000 won as a deposit account of Defendant A’s Han Bank (H) in August 2012.

As a result, the Defendants were jointly informed of the victim and received KRW 9,000,000 from the victim twice.

2. According to the judgment and the evidence submitted by the public prosecutor and the defense counsel, ① and Defendant A completed the ownership transfer registration (i.e., I’s equity share 16529/8040, and Defendant A’s equity 63901/80430) with respect to the forest land Felon 80,430 square meters (hereinafter “the forest of this case”). ② On April 1, 2007, Defendant A may develop the forest of this case if he fells into the forest of this case, and receive a good price even in the case where he sells the forest of this case.) Defendant A did not enter the agreement on the deforestation and the certificate of personal seal impression delivered to Defendant A on April 12, 2007, and Defendant A sold documents related to the forest of this case to Defendant A with the forest of this case. < Amended by Act No. 8529, Apr. 12, 2007; Act No. 8539, Apr. 30, 2007>