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Defendants shall be punished by imprisonment for eight months.
However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendants did not have been delegated with the authority to trade pine trees in the above forest area by G, the representative director of the FF corporation, the owner of the forest and field E, and there was no way to obtain permission for the extraction of pine trees in the above forest area around November 2009. However, Defendant B had the right to trade pine trees in the above forest area against those who wish to purchase pine trees in the said forest area, and conspired to obtain permission for the extraction of pine trees as if he can also obtain permission for the extraction of the said pine trees.
Around November 4, 2009, the Defendant made a false statement to the victim D, “A” at the office (YI) located in the Gangnam-gun H of Gangwon-gun, Gangwon-do, stating that “B may acquire the forest land owned by the FFFF,” and that B will acquire the forest land by transfer, and will construct an apartment. B prepared a power of proxy to sell pine trees located in the forest land to B, but the amount of KRW 30 million would first be sold in the form of down payment and intermediate payment for KRW 55 million. Accordingly, the Defendant made a false statement to the effect that “B may obtain permission to extract pine trees from the Seocho-si by the end of November.”
The Defendants conspired to induce the victim as above, and then received KRW 30 million from the victim to the Agricultural Cooperative Account in A’s name around November 5, 2009.
Summary of Evidence
1. Defendant A’s legal statement and part of Defendant B’s legal statement
1. Each legal statement of witness D and G;
1. Partial statement of the witness J;
1. The prosecutor's interrogation protocol against the Defendants
1. A complaint;
1. Application of the power of attorney statutes;
1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Do
1. Orders for compensation;