A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On June 27, 2012, the Defendant made a false statement to the victim E, “D,” stating, “I will complete the extraction and removal of pine trees by September 2012, 2012,” stating, “I will complete the extraction and removal of pine trees by September 2012,” which is all permitted for conversion of mountainous district in the second project site of 300 square meters.”

However, in fact, the defendant obtained permission for the first project in the building site of the above temple, but did not have been applied for permission for the second project site. In the case of the second project site divided into two lanes, the project for the first site can be applied for permission for the second site only if the project for the second site is completed. In addition, the construction work is not commenced on the first site, and there was a wide distribution of military facilities, so it was impossible to obtain consent from military units in an area to be secured for military operations. Therefore, even if the application for permission is filed, it was impossible to obtain permission for mountainous district conversion.

Accordingly, the Defendant, by deceiving the victim as such, obtained 60 million won from the victim for the purchase price of pine trees around that time, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. First interrogation protocol of the accused at the prosecution (including the E-statement);

1. Statement to the prosecution of I;

1. A criminal investigation report (in the form of telephone call, etc. with J) and a criminal investigation report (in the form of a report on confirmation of facts);

1. Application of Acts and subordinate statutes to a copy of a contract on the sale of pine trees (on June 27, 2012), a written permission for conversion of mountainous district (the first permitted site), a detailed statement of transactions (the details of deposit of damaged money), and a copy of a written notification notice as a result of an examination of operational feasibility of the Army

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, the defendant's reason for sentencing of imprisonment is to recognize and reflect his own crime, and the defendant's criminal records are to have the same kind of punishment or higher.