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(영문) 전주지방법원 남원지원 2016.08.09 2015고단29 (1)
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On December 24, 2010, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the former main method sources, and the judgment became final and conclusive on January 1, 201.

[Criminal facts]

1. Fraud against the victim B - [2015 high group 29] Around June 9, 2009, the Defendant made a false statement to the effect that “The victim B applied for permission to excavate trees in the forest land located in the Cheong-gun C to the Gun Office of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Gun of the Republic of Korea.” By the end of July 2009, the Defendant made a false statement to the effect that “The Defendant would be allowed to excavate pine trees 20gs by the end of July 2009.”

However, at the time, the Defendant decided to purchase pine trees from the owner of the above forest and field. However, the Defendant did not have the ability to fully pay pine trees to the owner of the above forest and field by the end of July 2009 when only down payment was made. The Defendant did not have any intention or ability to make it possible to extract pine trees until the agreed date even if he received the payment from the damaged person, even if he received the payment of pine trees from the injured person, he did not have the ability to make it possible to do so.

Nevertheless, the Defendant, as seen above, received KRW 10 million from the victim by deceiving him as the contract deposit for pine trees on June 10, 2009, from the victim, to the Agricultural Cooperatives Deposit Account in the name of the Defendant, which is the seat of the Defendant.

2. Fraud against the victim E - [2015 highest 75] The Defendant was delegated to the victim E in the area of the Si/Gu, Si/Gu, Si/Gu, Chungcheongnam-dong, Chungcheongnam-si, Yeong-si, Yeong-si, Yeong-si, Yeong-si, 2009 with all of the owners of pine trees for 19 weeks located in the Yeong

A false statement was made that KRW 4,750 won per 2.5 million per tree was sold in total.”

However, at the time of fact, the defendant did not have any intention or ability to sell pine trees even if he received money from the injured party, since he was not delegated with the authority to dispose of pine trees with regard to the purchase and sale of pine trees from G, etc.

Nevertheless, the defendant deceivings the victim as above and is a down payment from the victim as of the same day.

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