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(영문) 대전지방법원 홍성지원 2020.06.17 2019고단877
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, on March 2018, 2018, concluded a sales contract with 20 million won for pine trees and sent pine trees to B at any time as down payment because he/she could extract pine trees from 60 million won because he/she purchased pine trees located in the forest of Boan-si G and completed development activities permitted to extract pine trees after he/she purchased them from Nanju G, and completed development activities permitted to extract pine trees. The Defendant concluded a sales contract with 220 million won for pine trees with the purchase price for KRW 210 and paid KRW 60 million as down payment, and sent pine trees to B at any time.”

However, at the time of fact, the Defendant did not intend to immediately transfer pine trees to the victim, even if he received the down payment from the victim, since he did not intend to use the down payment to be received from the victim for the personal purpose, such as the repayment of personal debts, without using it as the purchase price for the said G. On the other hand, there was any circumstances where it was economically difficult for the victim to receive the down payment, and thus, there was no intention or ability to deliver pine trees to the victim immediately even if he received the down payment.

On March 20, 2018, the Defendant, by deceiving the victim as above, received KRW 60 million from the victim’s account in the name of the Defendant (I) on March 20, 2018.

The victim K, who operates the "J" of the landscape gardening construction business chain of the apartment construction site construction site construction construction business of 2020 Godan219, was to receive planting pine trees from L around August 2018 from the landscape landscape business operator L, but did not find pine trees to be planted at the construction site of the Hanam apartment but tried to discover pine trees planted in N,O, and P of Hanam-si, Chungcheongnamnam-si, and extract them from the above apartment construction site. However, the above dispute over the relation of rights is eventually indicated.

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