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The defendant shall be innocent.
Reasons
1. On January 28, 2015, the Defendant 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.
The Defendant, at around March 3, 2014, purchased all standing timber in the Type D real estate office located in the Namdong-gu Incheon Metropolitan City, Incheon, for the victim E (hereinafter “the instant forest”) at KRW 10 million.
The remainder after paying one million won as down payment and obtaining permission for felling standing timber, paid one million won as down payment on the day, while falsely stating that it shall be immediately paid after obtaining permission for felling standing timber.
However, in fact, the Defendant concluded the above contract on behalf of G, which is a standing timber felling business operator, even if he received money from G as the balance of the sale and purchase of the standing timber, he did not intend to use it in another place, and did not intend
The Defendant, by deceiving the victim as such, concluded a contract to sell standing timber for the instant forest land between the victim and the victim, and cut standing timber for the said forest, but did not pay the balance of nine million won and acquired pecuniary benefits equivalent to the same amount.
2. The following facts are acknowledged in addition to the purport of the entire evidence duly admitted and investigated by this Court.
A. The Defendant: (a) sought standing timber required by the felling business entity, including G, engaged in the felling business in the name of H, and (b) concluded a contract on behalf of the felling business entity with the consent of the felling business entity when discovered the standing timber desired by G, etc.; (c) received the payment from the felling business entity; and (d) received the introduction fee from the felling business entity when the sales contract is concluded.
B. On March 3, 2014, the Defendant signed a contract on behalf of G to purchase the instant forest trees with the victim for KRW 10 million.