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Defendants are not guilty. The summary of the judgment of this case is publicly notified.
Reasons
Punishment of the crime
1. On January 28, 2015, Defendant A was sentenced to imprisonment with prison labor for an indecent act by force in the original state branch of the Chuncheon District Court on January 28, 2015, and the said judgment became final and conclusive on June 24, 2015.
Defendant
B On April 22, 2016, the Seoul Central District Court was sentenced to a suspended sentence of three years for a year of imprisonment due to fraud, etc., and the decision was finalized on July 4, 2016.
In around 2012, the Defendants sold the instant forest land in FF and 53 lots (hereinafter “the instant forest land”) to E, but, as the instant forest land co-owners were unable to cut trees due to the lack of consent from G, the Defendants decided to collect the purchase price of standing timber, brokerage commission, etc. from the victim as if they could have access to the victim H and receive permission for felling.
The Defendants concluded a contract to sell standing timber in the instant forest to the victim for the purchase of KRW 63 million at the office of the Defendant A, which was located in the first place on June 9, 2014, after the public invitation as seen above, with the victim at the office of the Defendant A, stating that “The Defendant B would pay KRW 37 million to the Defendant A, including brokerage fees and expenses related to the permission for felling trees,” which read the victim’s false statement to the effect that “The Defendant B would pay KRW 63 million to the Defendant B for the instant forest.”
However, in fact, the forest of this case was located within J Park and thus was ineligible to obtain permission for felling standing timber, and the owner of the forest of this case was required to obtain permission for felling standing timber. However, the Defendants did not have the intent or ability to obtain permission for felling standing timber from the victim even if they received some consent from the co-owners of the forest of this case.
The Defendants deceiving the victim as such, and Defendant B.