A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2014 Highest 252]

1. On May 9, 2012, the Defendant made a false statement to the effect that “The Defendant would sell KRW 80 million in total to the owner of pine trees and KRW 33gs located in the Chungcheongnam-gun budget-gun, Chungcheongnam-do 33gs. The sum of the said pine trees and KRW 7gs located in D when he/she was sold to the victim B in the mutual influences of Seosan-si. The Defendant would be allowed to extract standing trees within one month.”

However, the Defendant did not have any intention or ability to sell to the victim even if he received the purchase price of trees from the victim because the Defendant purchased or was delegated to sell 33 glue trees and glue trees located in the Chungcheongnam-gun budget group C.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the agricultural bank account in the name of the Defendant on the same day as the tree sales contract money, and acquired 5 million won as the same account on the 16th day of the same month, and acquired it by fraud.

2. On March 15, 2013, the Defendant made a false statement to the effect that “The Defendant would sell the above trees at KRW 10 million to the victim B, because he/she entered into a contract with the owner to purchase the 10gs of pine trees located in Sincheon-si E, Bocheon-si. The Defendant would sell the said trees at KRW 10 million inasmuch as he/she had agreed to purchase the said trees from the owner. There is no problem in permission to extract standing trees to work in Sincheon-si Forest.”

However, the Defendant did not have any intention or ability to sell the relevant pine trees to the victim even if he/she received the tree purchase price from the victim because the Defendant did not purchase or have received the delegation of sale.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the corporate bank account in the name of the Defendant on the same day, and acquired the money from the victim.

[2014 Highest 365]

1. On December 8, 2012, the Defendant is operating the Victim G in Boan-si F around December 8, 2012.