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(영문) 춘천지방법원 속초지원 2013.10.23 2013고단216
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 15, 2011, the Defendant was sentenced to a suspended sentence of two years on July 26, 2012 in the Chuncheon District Court's territorial branch, which was sentenced to a suspended sentence of two years for fraud, etc.

On April 209, the Defendant sold pine trees on the ground of Gangwon-gun E (hereinafter “the instant forest”) owned by the Defendant, which were owned by his children, from among D species D, who were under serious financial pressure when the Defendant established C corporation and carried out a product manufacturing business, and had the intention to resolve it.

Around 15:00 on March 2, 2012, the Defendant entered into a contract with G to sell all of the pine trees in the instant forest to the victim at the coffee shop located near the EXE park located in Choyang-dong, Seocho-si, Yyang-si, as the agent of the victim F at the purchase price of KRW 65 million (contract deposit amounting to KRW 46 million) and concluded an application for permission to engage in the development activities of the instant forest (hereinafter “application for permission to engage in the development activities of this case”) with the said G. At the latest, the Defendant entered into a contract with the said G to sell the land to the victim at the purchase price of KRW 65 million (contract deposit to KRW 46 million). At the latest, the Defendant would be entitled to permission to engage in the development activities of the instant forest (hereinafter “application for permission to engage in the development activities of this case”). If there is no problem in obtaining the permission for a one-year prior to the school.”

However, on October 2010, the Defendant filed an application for permission for development activities with the same content as the instant permission for development activities, and received notification of non-permission on the grounds of “natural scenery conservation and street transmission,” etc., and thus, the Defendant was well aware that the instant permission for development activities would be non-permission on the same grounds. Moreover, inasmuch as there was no special asset or fixed income source at the time, and there was a situation in which the Defendant did not properly repay the debts owed while carrying out the said product manufacturing business, the down payment received to the victim is denied.

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