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(영문) 춘천지방법원 속초지원 2017.01.11 2016고단241
사기
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A defendant shall be punished by imprisonment for six 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 August 5, 2015, the Defendant purchased trees located in D of Gangwon-do from the land owner, at the office of the Mine Reclamation Corporation located in 17, Jinsung-gun, Gangwon-do around 13:00, the Defendant decided to grant permission until October 10, 2015, for constructing a water washing business factory on the said land.

A false statement was made to the effect that the entire amount of pine trees 90 million won in the purchase price of pine trees will be cut to 350 jus in the country.

However, at the time, the Defendant did not purchase the above land from the E Village Association, the owner of the above land. On December 22, 2014, the Defendant revoked the implementation of the said water washing business in the Gosung-gun. On February 16, 2015, the Defendant notified the above fact to the Gosung-gun fishery partnership corporation, so even if receiving the price for the extraction of trees from the victims, the Defendant did not have any intention or ability to conduct the extraction of trees according to the agreement.

The defendant deceivings victims as above, and he acquired 30 million won from the victim B to the Agricultural Cooperative Account in the name of the defendant as the down payment on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A tree trading contract;

1. Copy of the bankbook and details of deposits;

1. An agreement;

1. Complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (amended by Act No. 1006, Jan. 9, 2017) of the suspended sentence (amended by Act No. 1000, Jan. 1, 2017) in general fraud (amended by Act No. 1000, Jan. 1, 2017) in cases where considerable damage was restored to the mitigated area (amended by Act No. 1000, Jan. 1, 201) (amended by Act No. 1000, Jan. 1, 200) (amended by Act No. 1000, Jan. 1, 2017) (amended by Act No. 10068, Jan.

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