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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
, however, for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. Joint criminal conduct by Defendant A and B;
A. On January 10, 2010, the Defendants entered into a contract to receive KRW 200 million for total 14 parcels of land, such as the victim D and the Gyeongjin-gun, G, H forests owned by G, I J forests owned by K, and K-owned L forests and fields, and sell them.
However, in fact, around May 2009, M created superficies to extract pine trees on the above land E, etc., the owners of five parcels of the above forests and fields. As seen above, the Defendants concluded a contract on the sale of trees with N Co., Ltd. on September 26, 2009 for a total of 14 parcels of land, including the above forests and fields, for which M had already established superficies, with regard to a total of KRW 150 million, including the above forests and fields, and paid KRW 80 million in total with the purchase price. As such, the Defendants did not have any intent or ability to give the victim the right to extract trees on the above land even after receiving the purchase price from the victim.
Nevertheless, the Defendants, as seen above, received a transfer of KRW 6 million from the Defendant’s account to the Defendant’s account around January 18, 2010 from the victim of the said speech, and received a total of KRW 129.5 million from the Defendants’ account in total over 15 times, such as the statement in the list of crimes in the attached Table.
As a result, the Defendants conspired to receive the above amount from the victim and acquired it by fraud.
B. Defendant A forged private document: “I shall delegate all sales rights to the head of this Chapter to the head of this Chapter and delegate all sales rights to the head of this Chapter with respect to the purchase and sale of trees within the U.S. U.S. O agricultural and fishery complex in the U.S., U.S., U.S., U.S., U.S., U.S., U.S., U.K.”; “E, G, I,K, and P” as the forest owner’s name; and Defendant B was in advance holding as the head of U.S., U.S., U.S., U