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(영문) 인천지방법원 2016.07.21 2016고단3075
무고등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant, without delay, concluded a development agreement on the instant forest land owned by the Defendant, and carried out a work related to development activities together with the owner of D forest land 7,293 square meters (hereinafter “the instant forest”) in Incheon-si, Incheon-si, Incheon-si (hereinafter “the instant forest”).

On February 2, 2015, the Defendant drafted a written complaint on E in Incheon City. The content of the written complaint was that “Around February 2, 2015, the Defendant: (a) granted permission to convert mountainous districts and civil engineering works on the size of 70,293 square meters of land owned by the Defendant; (b) paid KRW 80 million under the pretext of expenses, etc. related to the permission to convert mountainous districts prior to the design and mountainous district; (c) however, E received money and did not engage in any act pertaining to the permission to divert mountainous districts; and (d) accordingly, the Defendant was punished for fraud.”

However, the Defendant knew, from the beginning, that it is difficult to obtain permission for mountainous district conversion in a legitimate manner due to high number of the main number of standing timber in the instant forest and field water (referring to the number of the present trees or the registered number of the said forests and fields). On October 2010, the Defendant agreed to reduce the number of standing timber to enter and depart from mountainous district conversion without permission and to engage in development activities with permission for mountainous district conversion. On November 24, 2010, the Defendant concluded a real estate development contract with E and then remitted KRW 80 million to E as down payment on the same day.

Then, in accordance with the terms and conditions of the contract, E shall pay 20 million won out of the received money to the G of the F architect office as design expenses and expenses for investigating mountainous districts, etc., and shall conduct a mountainous district investigation, cut standing timber of the instant forest on two occasions as preparation for application for permission for diversion of mountainous districts, and thereafter, he shall also engage in administrative work, such as filing an application for diversion of mountainous districts, and the Defendant shall be liable for the portion of 1,160 square meters out of the instant forest land from the office of reinforced Gun around May 8, 2012.

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