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(영문) 춘천지방법원 강릉지원 2016.07.22 2016고단744
사기
Text

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

Reasons

Punishment of the crime

On January 2014, the Defendant concluded a verbal contract with the victim C to purchase pine trees on the ground that he purchased the forest land adjacent to the medical care center of Gangseo-gu E working at the medical care center of Gangseo-si, and used it as a parking lot site, and sold pine trees in the forest.

The purchase of the pine trees together. If an investment is made to the extent of KRW 60 million, a profit has been made to at least KRW 100 million.

The purport was that the payment of down payment of down payment for pine trees 20 million won is changed.

However, the facts are as follows: (a) the Defendant was at the request of the above E in 2013, and there was a us to find out how much the litigation or the free value of the forest adjacent to the above medical care center would take place; (b) there was no fact that the Defendant entered into a sales contract for the said pine trees; (c) there was no fact that the Defendant entered into a sales contract for the said pine trees; and (d) there was a false statement to the victim because of the aggravation of the economic situation due to the accumulation of personal debts, such as corporate bonds, etc. at the time, and even

As above, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 20 million to the Agricultural Cooperative Account (F) in the name of the Defendant on February 12, 2014 as the down payment for pine sales.

The defendant deceivings the victim as above and acquired the property from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the accused by the prosecution (including part concerning the C's statement);

1. Each prosecutor's office and police's statement concerning C, E, and G;

1. A complaint;

1. A detailed statement of transactions of each deposit;

1. The application of Acts and subordinate statutes to each investigation report (see, e.g., hearing statements by H or E telephone, checking of the person preparing documents submitting C);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act on the grounds for sentencing [the scope of recommending punishment] of the general fraud [the scope of recommending punishment] of category 1 (less than KRW 100,00) in the basic area (not more than KRW 100,000) [the decision of sentencing] [the escape after the instant crime was committed, and up to now.

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