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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
1. On July 30, 2012, the Defendant: (a) purchased pine trees from the “F” office of the E located in Yongcheon-gun, Kimcheon-gun; (b) purchased pine trees from the victim G (68 Dose) to the “Yancheon-si C”; and (c) sold KRW 250 million in total to the victim G (68 Dose).
However, the above Youngcheon-si C did not have any intention or ability to extract the pine trees even if it received the purchase price from the injured party, since it was not permitted or delegated to extract the pine trees owned by the H from the H.
The Defendant, by deceiving the victim as such, acquired KRW 200 million in total by transferring the amount of KRW 100 million to the Defendant’s agricultural cooperative account and the agricultural cooperative account under the name of the wife J, respectively, under the pretext of down payment from the damaged party.
2. On August 16, 2012, the Defendant: (a) entered into a sales contract with the victim G by stating that the Defendant would sell in total the purchase price of KRW 1 billion by combining with the previous contract, at a mutually aesthetic restaurant located in Yongcheon-si K and L, which is located in Jeoncheon-si, Jeoncheon-si.
However, the above pine trees did not have the Defendant obtained the right to sell them as owned by the H, and in particular, since the pine trees located in the above log are designated as a protected tree and it was impossible to trade human beings, the Defendant did not have the intent or ability to extract the pine trees even if he received the payment from the damaged person.
In the end, the Defendant, by deceiving the victim as such, acquired 100 million won from the victim to the Agricultural Cooperative Account in the name of the Defendant’s wife under the pretext of down payment.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of M in the police interrogation protocol (No. 3 of the list of evidence) of the accused;
1. Each police statement protocol with respect to G and E;
1. Each investigation report (to hear victim G statements, N counterpart investigation, H.