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(영문) 춘천지방법원 강릉지원 2013.04.10 2012고단487
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[Criminal Power] On June 22, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Forest) at the Seoul High Court of Chuncheon on June 2, 201, and the said judgment was finalized on June 30, 201.

【Criminal Facts】

The Defendant, as a landscaping business entity operating a landscaping company in the name of “C,” was required to planting new pine trees in order to repair the defects of the trees that were dead from the view of the audience in the East Sea in the second half of the year of 2009, where three pine trees were planted to the Dong Sea Viewing Do Council in the same year of the same year, but two pines were dead among them.

However, the defendant did not have the intention or ability to transplant new pine trees.

Thus, around June 20, 2010, the Defendant stated to the victim F, “F, from Dong-si to Dong-si, there is about KRW 500,000,00, the construction cost of which is approximately KRW 25,000,00, is being promoted from Dong-si to Dong-si.” The Defendant may bring about the construction work, together with E and the victim, divided profits. However, in the front of the Dong-dong office building, the Defendant 20,00, with the death of the pine trees in front of the Dong-dong office building, said that “the pine 2,00,000 shall be changed to another pine trees immediately before the Dong-dong office building is appointed.”

However, the fact is that the defendant requested the head of Dong-gu City Mayor to additionally planting pine trees, and there was no fact that the Dong-si was promoting planting pine trees of the same size. Therefore, there was no possibility that the defendant could receive the construction works for planting pine trees, and there was no intention or ability to distribute profits from planting pine trees to the victim.

Around June 28, 2010, the Defendant, by deceiving the victim as such, had the victim take approximately KRW 50,400,000 in the number of visitors to the East Sea and caused the victim to do so, to engage in the planting of pine trees 2,00,000 in the same amount of monetary benefits.

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