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Defendant
A A shall be punished by a fine of two million won, by imprisonment with prison labor for each of one year. Defendant A shall be punished by the said fine.
Reasons
Punishment of the crime
[2014 Highest 676]
1. Around September 4, 2008, the Defendants’ co-principal-offendered Defendants made a false statement to the victim F, who is located in Gangwon-gun E, and Defendant A made a false statement to the victim, stating, “I will return KRW 11 million including interest, within a week, to the victim as “I will not know about the victim. I will return KRW 11 million including this fund, within a week. I will return 10 million,00,000,000,000,000,000 to the victim only if I make a contract.”
However, in fact, the Defendants entered into a contract with the owner H on the trees for landscaping in the above land at the time. However, even if they were to use the KRW 10 million received from the victim as the down payment out of the above purchase price, in the absence of any capital, there was no way to prepare the remainder of the purchase price. Therefore, the Defendants did not have any intent or ability to repay KRW 10 million to the victim by purchasing the said trees for landscaping and raising profits.
The Defendants deceptioned the victims as such, and received from the victims one copy of the check of KRW 10 million (the check number I) on the same day as the borrowed money.
2. Defendant B
A. On November 13, 2007, the Defendant, who committed the crime against the victim J on November 13, 2007, called “Around November 10, 2007, the Defendant called the victim’s phone called the victim at an insular place, and was delegated by the sale of pine trees to the Republic of Korea, which is located in a forest of about 400 square meters located in Seongdong-gun K. It was immediately the permission for the extraction of pine trees was the date of permission for the extraction of pine trees, which would be able to purchase the said pine trees at KRW 40 million, first of all, a down payment that would be 10 million.”
However, in fact, the pine trees were not owned by the defendant, and they were on the forest land.