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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On November 21, 2008, the defrauded Defendant, on November 21, 2008, expressed about 70% of the permit to extract pine trees to the victim C in the forest on the bundine 15:00, the date of October 2008, the Defendant made a false statement to the effect that “the permit to extract pine trees is 10%, because it is possible to immediately extract pine trees.”
However, at the time, the Defendant was requested to sell and purchase trees from the owner of the above forest land, but there was no permission to extract the trees, and thus, even if the purchase price was paid from the victim, there was no intention or ability to allow the victim to extract the said trees.
On November 21, 2008, the Defendant, by deceiving the victim as such, received KRW 2 million from the victim as the down payment for the sale of trees from the agricultural bank account under the name of the Defendant.
2. On February 19, 2009, at the G office operated by the Defendant located in Gangnam-si F on February 19, 2009, the Defendant’s fraud against the victim E, “G office was planned to develop Gangseo-si H and I as pension complex, and from February 24 to February 25, 2009, it is possible to extract the trees immediately if permission is granted. The Defendant made a false statement that he/she purchased the trees at KRW 1.7 million per tree.”
However, on February 18, 2009, the Defendant had already heard that “The Defendant was notified of the lack of consultation on the permission for conversion of the said H land from the J as of February 18, 2009,” and that “I did not file an application for permission for conversion of the said H land,” and there was no intention or ability to allow the victim to extract the said forest trees from the victim even if the purchase price was paid by the victim.
As such, the Defendant deceivings the victim, and thereby, from the victim to the Agricultural Cooperative Account in the name of the victim, KRW 20 million on the same day.