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(영문) 춘천지방법원 2014.01.13 2013고단502
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 15:00 on July 5, 2012, the Defendant made a false statement to the victim D that “The Defendant has the authority to dispose of all pine trees on the ground, such as 40gs, which were planted on 7 lots of land, such as Yangyang-gun, Yangyang-gun, Gangwon-do, the land for a rest center at the National University of Education, Yangyang-gun, Yangyang-gun, the land for a school foundation, and 25 million won. As such, upon purchasing KRW 25 million, he/she may sell it again to the landscaper, who would have earned a large amount of KRW 15 million, KRW 30 million, and KRW 30 million, a large amount of profits from the landscaper in 2012.”

However, the above pine trees were owned by the National University of School Foundation at the time, and it was impossible to mine and take out cultural heritage excavation and investigation services in relation to surrounding road works, as well as the Defendant and the Defendant, as well as E, who provided the Defendant with information on the pine trees, did not have the right to dispose of the pine trees, and the Defendant was well aware of the fact that he did not have the right to dispose of it. At the time, the Defendant had no intention or ability to hand over the pine trees to the victim even if he was paid the purchase money of pine trees from the victim, as he was in a state of de

Ultimately, on July 9, 2012, the Defendant was issued KRW 25 million to the account of community credit cooperatives (F) in the name of the Defendant on the following day: (a) the Defendant, in the name of the victim, prepared “a contract for the sale of trees” in the seat, received KRW 5 million cashier’s checks as the down payment; and (b) transferred KRW 25 million to the account of community credit cooperatives in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of witness D;

1. A contract to sell trees;

1. A deposit slip and name box;

1. Letter of payment;

1. Investigation report (suspect G and telephone details);

1. Investigation report (related to the verification of public officials of the Yang Military Administration);

1. The defendant is the victim D in determining the assertion of the defendant and his/her defense counsel.

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