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(영문) 대구지방법원 2014.11.20 2014노873
사기등
Text

The defendant's appeal is dismissed.

In the part of the judgment of the court below regarding the application of the law, "Creation and Creation of Forest Resources"

Reasons

1. The gist of the grounds of appeal was that the Defendant submitted an application to confirm the production of pine trees to the instant pine trees, and obtained an approval seal for direct production verification from P who is a public official of the Gohap-gun Office, thereby permitting the extraction of pine trees.

Since the Defendant was aware that it was permitted to extract and sell the instant pine trees with the knowledge that it was, the Defendant did not intend not only to obtain fraud but also to extract unauthorized forest products and temporarily use the unreported mountainous district.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. According to the evidence duly adopted and examined by the court below, the defendant asked P, who is a public official in charge of permission for cutting, extracting, etc. of the tree of this case, to sell the pine trees of this case, several times. However, the defendant stated that "P investigative agency and the court below's statement and the prosecutor's office knew that "the act of cutting trees is cut, it is known that the act of cutting trees, and it cannot be replaced by the permission for cutting trees," and that "the act of cutting out and the defendant knew that the permission for cutting down cannot be replaced by the permission for cutting trees" (Evidence No. 239 of the evidence record), "Ycheon-gun G and H land (hereinafter "G and H land"), but the person in charge did not obtain permission for digging out the pine trees of this case and did not obtain permission for digging out it from Gohap-gun, and that the defendant did not sufficiently know that the permission for cutting out and cutting out the pine trees of this case."

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