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(영문) 춘천지방법원 강릉지원 2015.11.12 2014고단1017
사기등
Text

A person shall be punished by imprisonment with prison labor for any of six months, two years, or more, as stated in the judgment, for any of the crimes of Articles 2 and 3.

Reasons

Punishment of the crime

On May 24, 2012, the Defendant was sentenced to a suspended sentence of one year and six months of imprisonment for fraud, etc. at the Gangnam Branch of the Chuncheon District Court on January 23, 2013, and the judgment became final and conclusive on January 23, 2013. On May 9, 2014, the Defendant was sentenced to a suspended sentence of two years of imprisonment for fraud in October 2014, and the judgment became final and conclusive on May 17, 2014.

1. On December 10, 2010, the Defendant: (a) around 13:19 on December 10, 2010, 2017: (b) around 13:17, the victim C has the right to extract from the victim C in the D office located in Samdong-si E office, with respect to pine trees sent out in the Fe mine mine mining area (JJ G). Among them, approximately 200 pine trees, which were at least 40 to 50-50-year thick-strokes, will be extracted from December 20, 2010 to be sold for six months after 10 days; (c) so, the Defendant would change KRW 50 million to the down payment.

However, the defendant did not have the authority to sell pine trees in the new mine by the East Group, so even if a sales contract was concluded with the victim, it could not be extracted from 10 days after the conclusion of the sales contract. Accordingly, the defendant did not have the intent or ability to sell so to the victim.

The defendant was obtained from the victim only 3,000 as the down payment from the seat and acquired by the victim.

2. Around July 1, 2009, the Defendant entered into a standard contract for a private construction project with the content of planting pine trees extracted from the instant retictic cement (main) and extracted from the instant retictic cement at H at the time of cutting off the land of “I” golf course located in H and to the “vegetable plant located in J located in the vicinity, and the construction was completed by transplanting a total of 600 Won, including 32 pine trees, in total, in relation to the instant retictic cement development project.

The Defendant subsequently demanded the additional construction cost incurred from a separate retic cement (main) around October 22, 2013, and the additional construction cost from the three adjacent lots of land adjacent to K around 120 weeks at the time of a retictic cement (main) around October 22, 2013.

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