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(영문) 춘천지방법원 강릉지원 2016.12.21 2016고단511
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 14, 2015, the Defendant made a false statement to the effect that, “E” office operated by C Victim D, the Defendant would sell the said pine trees if he/she pays KRW 20 million to the victim’s agent F as he/she purchased all pine trees from G when he/she sawd from G. The down payment shall be KRW 11 million. The down payment shall be limited to KRW 6 million, but shall be replaced by the said down payment as part of the said down payment, and shall be replaced by the remaining five million won.”

However, the Defendant had no intention or ability to sell the said pine trees even if he/she had already been paid the price from the victim as the contract was invalidated due to the failure to pay the down payment with G with respect to the said pine trees.

Nevertheless, the Defendant was exempted from the existing debt 6 million won on the same day from the victim, and was remitted to the account of community credit cooperatives under the name of the Defendant to 5 million won.

As above, the Defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 6 million, and acquired the property of KRW 5 million and acquired the property by defraudation.

Summary of Evidence

1. Defendant's legal statement;

1. I substitute part of the protocol of interrogation of the police against the accused;

1. Each police statement made to F, G, and I;

1. A written confirmation;

1. A complaint;

1. Application of Acts and subordinate statutes on a sales contract of each tree, forestry map, copy of a tree contract, copy of passbook, and detailed statement of transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing under the following) is the reason for the suspended sentence [the scope of recommending sentence] general fraud [Article 62(1) of the Criminal Act (along with 100 million won) and basic area (long with 6 months to 100 million won] [decision of sentencing] and recidivism of this case during the same suspended sentence, the contents and frequency of the defendant's previous records, escape life after the prosecution of this case, and the refusal of summons

provided, however, that it is against nature;

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