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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
On May 5, 2014, the Defendant was aware that it was impossible for the Defendant to install access roads between the four head lines of the national highways, which are the roads adjacent to the said land, in order for the Defendant to purchase 930 square meters of the land owned by the Defendant to use the victim C as a tree office, and the Defendant was aware that it was possible to install access roads between the four head lines of the national highways, which are the roads adjacent to the said land and the said land. However, the Defendant told the victim to be able to install access roads between the said land and the road, and received the purchase price from the victim.
1. On May 24, 2014, the Defendant damaged public objects, in order to show as if the victim was lawfully removed the retaining wall and the access road to the above land could be installed on the road, the Defendant cut off three persons, such as E, with approximately 80 meters of concrete retaining wall (a 80-meter, vertical length 0.2 meters, height 1.25 meters) managed by the National Land Management Office, which was installed between the above land and the road.
Accordingly, the Defendant damaged the repair cost of KRW 17,180,000 used by public offices.
2. Around May 26, 2014, the Defendant concluded a sales contract on the said land with the victim at the G Certified Judicial Scriveners Office located in the “F of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do,” and concluded a false statement with the victim that “If the land was purchased, all of the retaining walls standing the said land and the road will be removed.”
However, the retaining wall located adjacent to the above land was owned by the State and it was impossible for the defendant to arbitrarily remove it, and there was no specific plan for the State to remove it. Therefore, the defendant did not have the intent or ability to remove the retaining wall.
The Defendant deceivings the victim as above, and thereby, 50,000,000 won as the contract deposit and part payment due to the sale and purchase of the above land from the victim on the same day.