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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On October 2, 2015, the Defendant: (a) at the 8th certified judicial scrivener office in the 8th floor of the building B in Gangwon-si, Gangwon-si; (b) the victim D was the heir of the owner’s net F of the 2 lots of land outside Gangnam-si, Gangnam-si; (c) the Defendant was delegated with the power to sell pine trees on the ground by other members.
It is intended to sell pine trees.
“A false representation was made.”
However, in fact, the Defendant did not have received inheritance of the said pine trees, and there was no fact that the heir received delegation from the heir related to the sale, so even if he received the purchase price of pine trees from the damaged party, he did not have the intention or ability to transfer the ownership of pine trees.
As above, the Defendant deceivings the victim and was transferred 20 million won to the Agricultural Cooperative Account (H) in the name of G as the down payment for the above tree sales contract from the injured party.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of Acts and subordinate statutes to inquire about criminal history;
1. Article 347 (1) of the Criminal Code of the relevant criminal facts does not have the same criminal records as the defendant for the reason of sentencing, and there are circumstances favorable to the defendant, such as that the defendant has not committed a crime in depth. However, in light of the method and result of the crime in this case, the crime in this case is heavier than the nature of the crime in light of the crime and its result, and despite the considerable period of time after the crime, it did not reach an agreement with the victim. Other circumstances such as the motive and circumstance of the crime in this case, circumstances after the crime in this case, the defendant's age, occupation, family relation, health status, etc., shall be determined as ordered by the disposition.