logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2013.12.18 2013고단1021
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On December 13, 201, the Defendant was sentenced to a suspended sentence of three years on August 21, 201 to imprisonment with prison labor for fraud, etc. in the Changwon District Court's Jinju branch, and the judgment became final and conclusive on the 21st of the same month, and is still

【Criminal Facts】

On August 21, 2012, the Defendant concluded a false statement that “The Defendant would obtain permission to mine pine trees D in Gyeong-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-do” in the victim E, who seeks to purchase D forest land owned by C.

However, the defendant did not have any intention or ability to obtain permission to extract pine trees even if he received money from the victim because the defendant did not obtain the consent of village residents for the application for permission to extract pine trees from the competent authorities or for the permission to extract pine trees.

The Defendant received 5 million won in total, and 12 million won in total, under the same name as on October 18, 2012, from the victim, in terms of the expenses for filing an application for permission to extract pine trees on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint filed by E;

1. Application of statutes on the certificate of succession to trees, the sales contract of trees, and the details of passbook transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was finalized after the Defendant was sentenced to three years of suspended sentence, probation, and community service due to fraud and driving without a license for alcohol, the Defendant was not able to properly implement the matters to be observed and the contents of community service, and was prosecuted in July 2012. Furthermore, the Defendant’s first trial date for driving without a license was set.

arrow