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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On June 27, 2014, the Defendant was sentenced to the suspension of the execution for two years in August and July 5, 2014 for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court Support for the Defendant.
[2015 Gohap68] The Defendant conspiredd to steal pine trees located in the D. Dogsan at Andong-si, with three persons who were killed in the name of C and three influences, and then extracted 1 glus (30 m30 m3, 700 m3, and 700 m3) the market price owned by the victim Sung Chang Chang Co., Ltd. based on the insertion and glusation of the crime, around January 2, 2014.
As a result, the Defendant, in collusion with three persons who were killed in C, name-free boxes, stolen 1 glue tree owned by the victim, which is the product from forest.
[2016 Gohap 4] On June 22, 2012, the Defendant made a false statement to the effect that “The Defendant was a tree set up by 11glus in Gyeongsung-gun in Gyeongbuk-gun and can immediately excavate within 2 to 3 days since permission to extract trees was granted, and the contract for KRW 115 million was defective.”
However, in fact, the owner of the above forest land was I, and the defendant did not have been permitted to purchase or extract pine trees from I, and was not in a state of being permitted to do so from Sungju-gun, so even if he received the purchase price from the damaged party, he did not have the intention or ability to cut down pine trees 11.
The Defendant received KRW 30 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant as the down payment on the same day.
Accordingly, the defendant was delivered KRW 30 million by deceiving the victim.
Summary of Evidence
[2015 Gohap 68]
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. The investigation report (74 pages of the investigation records), attachment of the trial records, etc. prepared in the trial proceedings of accomplices C (92 pages of the investigation records), A, and K warrant of arrest.