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(영문) 수원지방법원 2017.05.10 2016고단4379
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2015, the defendant was sentenced to eight months of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment becomes final and conclusive on October 15 of the same year.

The defendant is a person who actually operated D Co., Ltd. around 2013.

On November 20, 2013, the Defendant made a false statement to the effect that “The Defendant would sell trees located in the Donsan-gun, Chungcheongnam-gun, Chungcheongnam-do and G forest owned by D Co., Ltd., and would bring trees upon the Defendant’s first payment of down payment of KRW 25 million,00,000,000,000,000,000,000,000,000,000 won for standing trees owned by D Co., Ltd., to the victim E.”

However, in fact, since the above forest land is under compulsory auction procedures since December 2, 2011, most standing timber was subject to auction, and thus, it was not allowed to obtain the permit of felling. The above company did not repay a large number of debts, and the above company is conducting an auction for several years on real estate owned by the company, and the defendant did not have any intent or ability to obtain the permit of felling standing timber or return down payment even if he received down payment from the injured party even if he did not have any financial capacity.

Nevertheless, the defendant deceiving the victim as above and acting for the representative director of the above company from the victim.

He received KRW 25 million from the account under H to the account under the name of the defendant and received it again to the account under the name of the defendant and acquired it by fraud.

Summary of Evidence

1. Each legal statement of a witness I;

1. Statement of witness E in the second public trial protocol;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A contract for standing timber trading, a certificate of all matters to be registered, a detailed statement of passbook transactions, a statement of performance of each agreement, each process document, verification of contents, performance statement of agreement, etc., an application for change in the specifications of account transactions, auction information, appraisal, and specifications of goods, an order for re-audit of status,

1. Previouss before ruling: A reply to inquiries, such as criminal history, investigation report, and

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