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(영문) 춘천지방법원 강릉지원 2019.02.15 2018고단1087
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On August 17, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of six months, which was sentenced to a suspended sentence of two years for fraud at the Gangseo Branch Branch of the Chuncheon District Court, and the said judgment became final and conclusive on December 10, 2018.

【Criminal Facts】

On March 10, 2018, the Defendant called the victim B by phoneing to the victim B, and submitted an application for permission to Yneung City viewing, which would be the date of permission of extraction sufficiently if the first police officer of April, 200. The Defendant would sell all of the pine trees and trees in the place of 3000 rating 35 million won. First of all, the Defendant called the contract deposit to change the KRW 15 million.

However, in fact, the Defendant did not acquire the ownership of the said pine trees, and it was unclear whether the Defendant could transfer the ownership of the said pine trees to the victim and obtain permission to extract the said pine trees because it was not true that the Defendant received an application for permission to extract the said pine trees. The Defendant thought that all the money that the Defendant received from the victim as the down payment was used as debt repayment and living expenses, and did not intend to use it as the funds for acquiring pine trees. The Defendant did not intend to use it as the funds for acquiring pine trees, even if he did not receive money from the victim as the down payment, even if he did not receive money from the victim under the pretext of down payment, there was no ability to normally acquire ownership of the said pine trees and transfer it to the victim

Nevertheless, on March 17, 2018, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the D account under the name of the Defendant, and acquired it by transfer.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. A contract for the sale of trees, a detailed statement of transactions, and written confirmation;

1. Previous convictions in judgment: Investigation report (verification of a separate judgment of the defendant), application of Acts and subordinate statutes such as judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act;

1. To treat concurrent crimes;

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