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(영문) 창원지방법원 거창지원 2016.06.22 2015고정99

재물손괴

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant, as the E-management managing managing director located in Gyeongcheon-gun D, on February 2015, arbitrarily Capital without the victim’s permission, on the ground that the period of lease expires, on the ground that the market value of the victim F, a victim F, located behind the accommodation of the said EF, was terminated.

It has impaired the utility of the tree as it has been abandoned.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness G or F’s legal statement;

1. According to the investigation report (the document of application for the cultivation of functional universal tree and the statement of the passbook transaction), (the above evidence of the court below), the defendant's fellingd trees were planted with the subsidy of "the functional universal tree model farming project" implemented by Gohap-gun, which was actually subsidized by G or F, or G and F, with no address in Gohap-gun, and the defendant lent his name to G, and the total amount of the subsidy received from Gohap-gun was remitted to G, after the business operator was selected as a business operator for the cultivation of Bocheon-gun, and the defendant's name was transferred to G. The defendant's application for the cultivation of Bocheon-gun functional universal tree model was accompanied by the consent to land use prepared by H and I, the land owner who will be planted, and the defendant did not have any legitimate authority to use the forest trees with the knowledge of damage or destruction of the forest trees within G, which could not be accepted as the defendant's right to use the forest trees without permission.

Application of Statutes

1. Article 366 of the Criminal Act applicable to the crime and Article 366 of the choice of punishment (Optional to Penalty) of the Criminal Act.

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