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대전지방법원 2016.02.04 2014고단4123

A defendant shall be punished by imprisonment for a term of one year and two months.


Punishment of the crime

On May 5, 2011, the Defendant made a false statement to the victim B, “The construction of golf course and set-off, etc. in the macro-city C Forest is expected to immediately commence construction work.” On the face of the state of KRW 100 million, the Defendant transferred the above KRW 100 million to the said construction-related private person D, and as a price for the transfer of the above KRW 100 million to the said construction-related private person D, and the Defendant would be entitled to the right to dispose of standing timber and waste.”

However, the fact was that at the time D intended to take over the above golf course construction business, but there was a plan to take a considerable time until the actual construction begins. The KRW 100 million transferred from the injured party was scheduled to consume personal living expenses, etc., and thus there was no intention or ability to reduce the right to dispose of standing timber and standing timber even if the injured party received KRW 100 million from the injured party.

As such, the Defendant, by deceiving the victim and deceiving the victim, amounting to KRW 30 million on May 13, 201 from the victim, and the same year.

5. 30,000,000 won around 30,000 won for the same year.

7. 20,000,000 won around 20,000

7. Around 29.20 million won received a total of KRW 100 million from the Defendant to the Agricultural Cooperative Deposit Account (F) in the name of the Defendant E, respectively, as a price for standing timber.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to B and G;

1. Application of Acts and subordinate statutes to a report on investigation (h telephone hearing);

1. In light of the fact that the sentencing of Article 347(1) of the Criminal Act (opportune of imprisonment) regarding the crime does not recover from the harm caused by the crime, and the fact that the nature of the crime is poor, it is reasonable to sentence the punishment stated in the text.

It is so decided as per Disposition for the above reasons.