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(영문) 춘천지방법원 속초지원 2015.07.22 2015고단137
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Fraud;

A. On February 7, 2014, the Defendant delegated the victim E with the right to extract pine trees located in the Dac shop near the C bank located in Seocho-si B, 2014, “I would like to sell pine trees on the land of Gangwon-gun, which he/she sold to the party, so I would like to allow him/her to extract pine trees from the end of March 2014.” The Defendant concluded a contract with the victim to trade pine trees located in the said land.

However, in fact, in light of the above land owner's ability to raise funds for the defendant or the same-sex construction (the same-sex construction), it is unclear whether the above land can be extracted from the victim after purchasing the above land later, so even if the purchase price is paid from the victim, there was no intention or ability to perform the above contract terms.

The defendant was issued from the victim one cashier's check equivalent to 40 million won under the name of the purchase price.

Accordingly, the defendant was given property to the victim by deceiving the victim.

B. On July 11, 2014, the Defendant demanded the implementation of the same sales contract as described in paragraph 1(a) in the Hen-si, Joi-si, Joi-si, and the instant victim E to the effect that “Around July 11, 2014, the Defendant told the said victim E to the effect that “Around the Republic of Korea, J decided to acquire the land of the Hasung-gun, J, the Republic of Korea, the Republic of Korea was again delegated the right to mine from J, and that, until August 20, 2014, the Defendant would allow the Party to mine pine trees so that the purchase price would be changed.”

However, in fact, the above J was not the owner of the above land, and it was unclear whether the above land can be extracted from the victim after purchasing the above land later in light of the defendant's or the above J's ability to raise funds, etc., and further, it was delegated from the above J to extract pine trees.

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