A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 11, 201, the Defendant, as a broker for the sale of pine trees, entered into a sales contract with D with respect to the above-ground objects of Gangwon-gun C Forest on July 11, 201, and the victim E is the actual manager of G-limited company of an agricultural company located in the Dawon-gun F.

On December 26, 2011, the Defendant concluded a contract on the purchase of pine trees of D and C with the victim’s office of the said G Limited Company, stating that “The purchase of pine trees of D and C were to be entered into, and permission for the reclamation of the said woodland is to be granted within one to two months,” and entered into a contract on the purchase of pine trees of the said victim and the said forest with the said purchaser with G limited liability company with the purchase price of KRW 170 million.

However, on September 5, 201, the first temporary use report was withdrawn on September 5, 201 due to the failure to submit supplementary documents, and on November 21, 201, the withdrawal of the use report was submitted to the High Military Administration, which is the competent authority, and accordingly, there was no intention or ability to remove pine trees from the said forest upon obtaining permission from the competent authority within one to two months according to the agreement.

On December 26, 201, the Defendant, by deceiving the victim as above, received 20 million won from the victim to the account in the name of the Defendant under the name of the victim as the down payment and acquired it by deceit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and H;

1. A contract for the sale of trees and a contract for the sale of land;

1. Certification of details of account transactions and details thereof;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] General Fraud, Type 1 (less than KRW 100 million), basic area (one to one year and six months of imprisonment] [the decision of sentence] there are no significant amounts of damage [the decision of sentence], but the damage was not fully recovered, and the fact that it was not agreed with the victim is disadvantageous circumstances or the defendant acknowledged the crime of this case.