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(영문) 대구지방법원 김천지원 2014.02.19 2013고단1018
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On March 3, 2012, the Defendant alleged that the victim C was aware of the F’s introduction at the restaurant for the operation of the E located in Gohap-gun, Chungcheongnam-gun, Kimcheon-gun, that “I will sell 15 million won of pine trees located in Gohap-gun G and H, and that I would sell 15 million won of such pine trees.” Around that time, the Defendant shown that the “a stamp for confirmation of production”, which was received from Gohap-gun G and H, that the said pine trees were not infected by pine wilt disease, was the victim of an extraction permission.

However, since the defendant did not have obtained permission to extract the above pine trees, even if he received KRW 15 million from the victim, he did not have the intention or ability to remove the pine trees.

Nevertheless, on March 6, 2012, the Defendant, by deceiving the victim as above, received a total of KRW 15 million from the Agricultural Cooperative (I) account in the name of the Defendant on three occasions on March 6, 2012 from the victim, as the sale price of pine trees.

2. On May 16, 2012, the Defendant, against the victim J, expressed that on the one hand, the Defendant was the victim’s agent K of the victim J as “I will sell 29 copies of pine trees in Gohap-gun L with permission for extraction on the other hand,” and that around that time, the Defendant was the victim’s agent “I will sell 15 million won of pine trees in Gohap-gun L with permission for extraction.” The Defendant had shown that the said pine trees were not infected by pine wilt C in Gohap-gun L with the fact of being infected by pine wilt disease.

However, since the defendant did not have obtained permission to extract the above pine trees, even if he received KRW 15 million from the victim, he did not have the intention or ability to remove the pine trees.

Nevertheless, the Defendant deceivings the victim as above, and thereby deceivings the victim from May 16, 2012 to June 2012, 201 to the Agricultural Cooperative Account in the name of the Defendant as stated in paragraph (1).

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