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The defendant shall be innocent.
Reasons
1. On December 2015, the summary of the facts charged stated to the purport that “The Defendant, at the residence of the Defendant in the Sinsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Masan-gun, would allow the deceased victim D to use the land only for one year.”
However, in fact, the Defendant used land by planting crops without paying the victim's side and rent, and the victim died on April 16, 2016, and the Defendant had already paid rent to the victim.
A false assertion and there was no intention or ability to pay rent even if the land was leased, such as the victim's failure to pay rent to G.
Nevertheless, the Defendant did not pay rent for the use of the land by deceiving the victim as above, thereby acquiring the pecuniary benefits equivalent to KRW 400,000 of the land usage fee (the victim’s request fee).
2. According to the records of recognition, the following facts are recognized:
A. The land in Chungcheongnamnam and F (hereinafter collectively referred to as “instant land”) are H’s ownership.
On December 2, 2015, the Defendant agreed to lease each of the instant land from H’s wifeD, and agreed to enter into a later agreement with H on the lease period.
B. On January 5, 2016, the Defendant removed the vinyls on the ground of the instant land, and dried the instant land on the following day. On March 24, 2016, the Defendant spawdddddd the same on the instant land, and cultivated the virtue from around that time.
(c)
G around January 21, 2016, the defendant expressed his opinion on the land of this case, so he suspends growing the farmland of this case until the intention of both parties is confirmed.
Until the internal date, the intention of both parties is known to have been on the same issue, and the defendant and her mother have made a verbal promise will be canceled.