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(영문) 춘천지방법원 2014.02.20 2013고단467
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around September 13, 2010, the Defendant purchased 65 glusium 1,00 glusium flusium f5 glusium flusium flusium 65 glusium 1,000 glusium 300,000 per glusium, and 20,000 won per glusium among the Defendant around September 27, 2010; from around October 31, 2010 to around October 31, 200, as the damaged mountainous district entered into a “water sale contract” with the content of restoration at the Defendant’s expense, but there was a shortage in the amount to be paid to C.

On April 5, 201, the Defendant sold at KRW 100,00,000, the remainder amount of KRW 60,000,000, the sum of KRW 120,000,000, in total, of KRW 120,000,00 among the intermediate payment of KRW 40,00,00,00, which is planted for KRW 40,000,00, in the office of G management by proxy of the victim F in Suwon-gu, Suwon-si, Suwon-si, 102.

“A contract for the sale of pine trees” was concluded with the content and agreed to supply pine trees. However, at the time, the Defendant did not conclude a contract with C to additionally extract pine trees 35,00,000,000 won, including the sum of KRW 35,00,000 according to the said tree contract and KRW 20,000,000 according to the mountainous district restoration expenses. Moreover, the Defendant was reported only from May 24, 2010 to December 31, 2010 with respect to KRW 35,00,000 and KRW 20,000,000, and there was no intention or ability to supply pine trees to G, etc. even if the contract for the sale of pine trees was received. As such, even if the contract for the sale of pine trees was received, there was no intention or ability to supply pine trees.

Around March 31, 201, the Defendant, by deceiving the victim’s agent G to transfer KRW 30,000 to G, and received KRW 20,000,000 from G to the post office account in the name of the Defendant as the deposit amount for tree sales contract from G on April 5, 2011.

Summary of Evidence

1. The defendant's oral statement No. 11.

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