A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 31, 2005, the defendant issued a summary order of KRW 3 million due to the violation of the Forestry Act in the Young-dong branch of the Cheongju District Court on May 31, 2005, and the same criminal records are added once.

On December 2, 2009, the Defendant stolen a forest equivalent to KRW 20 million in the reported price of the victim by cutting down the conventional trees 1 glue trees, forest-based tree-glue tree-glue trees, and special trees for landscape purposes, which are owned by the victim D in that area.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to F, E, G, H, and I;

1. A petition and an investigative report (a sales contract or any other document);

1. Previous convictions: The Defendant and his defense counsel’s assertion regarding criminal records and copies of summary order No. 2005 high-class 856, the Defendant and his defense counsel asserted that the Defendant did not have any intention to larceny or to acquire illegal gains, on the grounds that the Defendant was aware that no conventional transmission from the owner D, seller H and G was subject to trade conditions, or that customary transmission was excluded, and that the Defendant knew that the Defendant purchased the entire tree of the above C, and thus, the Defendant did not have any intention to larceny or that there was no intention to obtain illegal gains.

According to the following facts: (a) the Defendant received a power of delegation from D’s house located in Cheongju on October 23, 2009 to trade in forest and received a letter of delegation from D to trade in forest; and (b) the Defendant received a letter of delegation from D to trade in forest; (c) it is not subject to trade; and (d) it can sufficiently recognize the fact of theft of forest by cutting the above conventional transmission, etc., as stated in the facts of the crime in the judgment, as stated in the judgment.

Therefore, the above assertion by the defendant and defense counsel is without merit.

Application of Statutes

1. Grounds for sentencing under Article 73(1) of the Creation and Management of Forest Resources Act for facts constituting a crime [the decision of punishment] thief.