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(영문) 춘천지방법원 강릉지원 2016.04.21 2015고단1474
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 5, 2015, the Defendant: (a) around Jun. 5, 2015, the Defendant: (b) owned the “F” of the E’s operation, which is the Defendant’s branch of the Defendant’s land to the victim D, an elementary school building in Gangseo-si C Forest; (c) E had to give the Defendant the instant forest land a cycle; (d) the permission for the extraction of pine trees on the ground of the said forest was already already granted; and (e) the secondary permission for the extraction of pine trees was underway; (c) in the course of the secondary permission for the extraction of pine trees, the Defendant loaned KRW 10 million for the survey expenses for the extraction of pine trees and sold them, and (d) would have paid KRW 15 million including the interest rate of KRW 5 million until July 20, 2015.

was made.

However, in fact, on April 31, 2013, E obtained permission from the competent authority for gathering earth and rocks, the effective period of which is until December 31, 2015, with respect to part of the forest and field C and G forest, from which the Defendant did not complete the gathering of earth and rocks, and it was not possible to obtain permission for gathering sand from the competent authority on the part of the forest and field C that the Defendant introduced from the victim. Since there was no survey plan, there was no way for the Defendant to secure pine trees from E, and there was no fact that E did not mean that the Defendant obtained permission for gathering pine trees from E.

B. The Defendant did not have any particular income at the time while the Defendant took over bonds equivalent to KRW 70 million, and even if he borrowed money from the injured party, he thought that he did not have any intent or ability to repay it, and that he used the money received from the injured party for personal purposes such as repayment of the Defendant’s debt.

The Defendant received KRW 10 million from the damaged person to the Agricultural Cooperative (Account Number:H) account of the Defendant from the damaged person as the borrowed money.

2. On June 6, 2015, the Defendant committed a crime on June 6, 2015: (a) the Defendant released pine trees from the forest located in Gangwon-gun I; (b) on June 6, 2015, K of the “J”, who is entitled to recover pine trees, decided to sell the said pine trees to the Defendant.

for the purchase of pine trees at the same time.

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