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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 13, 2009, the Defendant made a false statement to the victim F, “E” in the “E landscaping office operated by D located in Gangnam-si, Gangnam-si, the Defendant owned trees on the land of the forest located in Gangnam-si, which is located in Gangnam-si, and the final purchase price shall be determined after investigating the purchase of trees and the following trees, and the down payment shall be changed to KRW 30 million with the down payment.”
However, the defendant did not own the trees of the above forest land, but I, who was delegated with the cadastral survey by the owner of the above forest land H, will subsequently delegate to the defendant the disposal of the trees planted in the above forest land after the completion of the cadastral survey of the above forest land.
Since the contract was made orally, there was no practical disposition authority for the pine trees at the time, and the above I, first of all, confirmed the quantity of soil and sand to be sold to the "J" that had been performing construction work near the land, and finally confirmed it, it was planned to proceed with permission for the gathering of soil and sand and the extraction of forest trees. Since the defendant is aware of the same situation, if it is impossible for the above J to sell soil and sand, the defendant cannot obtain ownership of pine trees planted in the above forest, and thus, the defendant cannot obtain ownership of pine trees from the damaged party under the name of the purchase price of pine, and thus, he received the money from the damaged party under the name of the purchase price of pine, and the defendant did not have an intention or ability to sell it normally to the injured party.
Nevertheless, the Defendant, by deceiving the victim as such, received 30 million won as the contract deposit for sales of pine trees from the victim, and acquired it through a passbook in the name of K as designated by the Defendant (L).
Summary of Evidence
1. The defendant in the second trial records;