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(영문) 대구지방법원 2015.05.29 2015고정543
사기
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

On March 24, 2014, the Defendants made a false statement that “The victims E entered into a sales contract with the owner of pine trees, such as Chang-gun F, etc., and would promptly purchase pine trees. The six weeks out of this pine trees will be sold to the victims in KRW 15 million.”

However, in fact, the Defendants concluded a sales contract of KRW 115 million for pine trees such as G and F, the owner of pine trees, and concluded a down payment of KRW 10 million,00,000,000 for KRW 15 million,000,000,000 for the remaining remaining balance, even if it was impossible to take out pine trees, specific methods for preparing the balance have not been determined, and there was no intention or ability to re-sale pine trees from G, such as there was no special funds.

The Defendants deceptioned the victim as such and were delivered KRW 6 million on the 25th of the same month to the victim and KRW 8 million on the 26th of the same month.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement E in the suspect interrogation protocol of the Defendants to the prosecution

1. The police suspect interrogation protocol of H;

1. Statement to E by the police;

1. Application of statutes on a contract for sales of standing timber, a receipt, or a delegation of the sale of mining pine trees;

1. Articles 347(1) and 347(1) of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 347(1) and 30 of the Criminal Act

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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