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(영문) 춘천지방법원 강릉지원 2015.11.19 2015고단951
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

"2015 Highest 951"

1. On May 8, 2013, the Defendant made a false statement to the effect that “Yyang-gun O, Q, R, and S” had already been paid KRW 5 million to the victim via P, a proxy of the victim N, in the forest and fields located in Gangseoyang-gun, Gangwon-gun, Gangwon-do, the Defendant: “Yyang-gun O, Q, R, and S,” and paid KRW 5 million for the use of the road for transporting pine trees, and the Defendant paid KRW 5 million for the use of the road for transporting pine trees. The pine trees are only surveyed, if they were to be measured, and will be responsible for all galsing civil petitions.” On May 8, 2013, the Defendant concluded a sales contract for KRW 4 million per week with the victim and the pine at “V resting area,” located in Yangyang-gun, Yangyang-gun, Yangyang-gun, the purchase price of KRW 20 million per week.

However, in fact, the Defendant only received the consent from the owners of pine trees to take out the pine trees, but did not conclude a contract on a fixed basis, and did not have any actual side of the relevant land, and thus did not have a fixed quantity of extractionable pine trees accurately. At the time, the Defendant did not have any intent or ability to sell pine trees to the victims normally, such as in excess of debt, and the Defendant did not have any ability to return the money received from the victims when the contractual terms occur.

As above, the Defendant, by deceiving the victim, received KRW 5 million in total from the victim, under the pretext of down payment and intermediate payment on May 7, 2013, and KRW 40 million in total, KRW 35 million on May 8, 2013.

2. On April 14, 2014, the Defendant against the victim F purchased pine trees from X in the dry field of Yangyang-gun, Yangyang-gun, Yangyang-gun, the victim F. The victim F. H. purchase KRW 15 million.

The number of pine trees in other places shall be 7 million won in advance.

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