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(영문) 춘천지방법원 속초지원 2017.10.25 2017고단153
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant became aware of the Victim C, which had been a director in Yangyang-gun in Gangnam-si through a real estate broker, and the said victim was interested in the business of gathering and selling pine trees and was willing to acquire money from the said victim as an investment money.

1. On December 22, 2011, the Defendant promised to sell pine trees to the above victim, “The pine trees in this area are approximately KRW 800,00.”

When investing KRW 35 million, an investment made a false statement as follows: (a) once it takes down down down down down down contract deposit and carried out pine trees work; and (b) if the remainder is paid out of the sales proceeds, it would return the principal of the investment to the Party, and the profits would have accrued by dividing the proceeds by 50%.”

However, in fact, the defendant did not have promised to purchase pine trees from the State of the above D, and he thought that he would receive KRW 35 million from the injured party to use them for personal purposes, such as living expenses, etc., so there was no intention or ability to pay the proceeds from the sale of pine trees to the injured party.

Nevertheless, the Defendant deceivings the victim as above and transferred KRW 35 million to the forestry cooperative account (F) in the name of the Defendant on the same day from the victim.

2. On December 28, 201, the Defendant obtained permission to extract trees from Jinsung-gun G around December 28, 201 to the victim, and “this place is a dead field.”

He promised to sell pine trees in KRW 120 million, which is about KRW 600,000.

When investing KRW 40 million, an investment made a false statement as follows: (a) once it takes down down down down down down contract deposit and carried out pine trees work; and (b) if the remainder is paid out of the sales proceeds, it would return the principal of the investment to the Party, and the profits would have accrued by dividing the proceeds by 50%.”

However, the defendant did not have promised to purchase pine trees from the State of the above G, and he received KRW 40 million from the injured party.

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