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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.
Reasons
Punishment of the crime
Defendant
B On February 23, 2011, the Daegu District Court was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution, and the judgment became final and conclusive on September 7, 2011.
Defendant
A and Defendant B are those who have engaged in landscaping activities as well as the victim E(the age of 61) with the knowledge that Defendant B was a flat transaction.
In fact, the number of pine trees owned by the Defendants on January 1, 2008, which was purchased in KRW 10 million from the Habman, Seonam-gu, Chungcheongnamnam-do, 2517 square meters of forest F. G is nothing more than part of the pine trees that the Defendants promised to trade to the victim, and even if the Defendants received the purchase price from the victim, there was no intention or ability to transfer the number of pine trees in a quantity promised with the victim.
1. On March 21, 2008, the Defendants shown approximately 280 girs (receiving 40-50 years) of pine trees partitioned by plathn and ballon, including pine trees from G, in excess of the planting area of pine trees purchased from G, west-si, Chungcheongnam-si, Chungcheongnam-si, 2008, and they sold all pine trees to KRW 40 million. The Defendants had already obtained permission of extraction.”
On March 21, 2008, the Defendants conspired to induce the victim, and then acquired the amount of KRW 40 million from the victim to the agricultural bank account of the Defendant A. In addition, the Defendants received the money from the victim.
2. On March 25, 2008, at the I’s house located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, the Defendants made a false statement that “A may permit the Defendant to excavate pine trees more than KRW 2 million to the victims,” or that “J, a mountain owner, to additionally deposit KRW 2 million to the mountain owner.”
From March 25, 2008, the Defendants conspired to induce the victim, and caused the victim to transfer KRW 2 million to G’s deposit account, thereby having G gain pecuniary advantage equivalent to that amount.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each legal statement of witness E, G, I, J, and K.