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(영문) 춘천지방법원 강릉지원 2016.01.14 2015고단1366
사기
Text

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

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

Reasons

Punishment of the crime

On May 8, 2008, the defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution as a violation of the Forestry Act in the Goyang Branch of the District Court, and the above judgment became final and conclusive on the 16th of the same month.

The Defendant, on December 10, 2007, shows pine trees to victims E who are running a wood housing business in the area of the inspection of “D” located in C, Sam-si on December 10, 2007, and may supply them to the Party for wood.

“....”

However, there was no fact that the Defendant purchased the said pine trees. However, the Defendant could not recover pine trees and deliver them to the victims due to the lack of the competent authorities to obtain permission to cut pine trees from the competent authorities. At the time, the Defendant thought that the purchase price of pine trees received from the victimized party was used as the said expenses due to lack of expenses for obtaining the right to engage in the golf course development project related to the development of a golf course, which is conducted on the south and the Gyeongnam Development side.

The Defendant entered into a contract for the purchase of pine trees with the victim, i.e., to receive KRW 5 million from the post office account (Account Number:F) in the name of the Defendant for the purchase of pine trees, and received KRW 18 million from the time to February 14, 2008, as shown in the annexed crime list, from the time of the transfer to February 14, 2008.

Accordingly, the defendant acquired 18 million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Detailed statement of transactions;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, and selection of fines (including the equality in cases where a judgment is rendered concurrently with a violation of the Forestry Act for which the judgment becomes final and conclusive, and the fact that the defendant has agreed to repay the money by

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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