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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. The Defendant filed an application with Gohap-gun-gun for permission to cut standing timber on the ground that it would remove damaged trees around a cemetery with respect to standing timber on the ground of Gohap-gun C, Gyeongcheon-gun. Around April 2012, the Defendant obtained permission to cut standing timber on the part of 29 pine trees on the ground (hereinafter “instant standing timber”) from Gohap-gun to April 30, 2012 for the permission period from April 5, 2012 to April 30, 2012.
The purport of the Defendant’s permit is to permit the “felling” for the purpose of removing damaged trees around a cemetery.
B. On May 2012, the Defendant offered that Nonparty D would sell the said standing timber in KRW 15,00,000 as he/she obtained permission for felling standing timber and did not obtain permission for extracting standing timber. D sent the said proposal to the Plaintiff and authorized the purchase of the said standing timber.
The Plaintiff purchased the above standing timber from the Defendant and decided to transplant it to another place, and paid KRW 15,00,000 to the Defendant via D.
C. The Plaintiff was engaged in extracting the instant standing timber by inserting personnel expenses, material expenses, equipment expenses, food expenses, etc. from May 2012 to June 2012, 2012, but did not extract the said standing timber from the site of the work.
The defendant was convicted of fraud, etc. in the Daegu District Court Decision 2013Kadan1018 Decided February 19, 2014 due to the criminal facts, such as false statements as mentioned in the above B, by deceiving 15,00,000 won from the plaintiff.
E. Articles 36(1) and 2 subparag. 7 of the Creation and Management of Forest Resources Act provide that a person who intends to extract forest products, such as wood and trees, shall obtain permission from the head of a Si/Gun/Gu or the head of a regional forest office.
[Ground of recognition] Evidence Nos. 1, 2, 3-1, 2, and 5 of Evidence Nos. 1, 3-2, and 5, testimony of witness D of the first instance court, and trial court.