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(영문) 대구지방법원 2018.05.03 2018노75

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The Defendant, who operates a real estate selling company with the summary of the grounds for appeal, has no proper confirmation as to whether the development restriction has been placed in the Southern-gu J (hereinafter “the forest of this case”) in the port-Si, Nam-gu (hereinafter “the forest of this case”) and can stop the Defendant’s house, etc.

The phrase "decent act" is a deceptive act.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Determination

A. As to the facts charged in this case, the court below stated that ① the victim purchased the above forest for investment in the investigative agency and the court below's decision; ② the defendant, the representative of the victim, stated that he filed a complaint together with the defendant because he did not know the defendant at the time of the purchase of the above forest, and the money transferred was deposited into the E account; ② the victim stated that he did not receive any document from F and G, an employee of E, about the above forest, and provided an explanation at least one hour only at the end without any presentation

However, it is not easy for an employee of the real estate sales company to explain the forest land for one hour in order to sell real estate without any evidence. It is explained from the investigation agency to the investigation agency to the investigation agency to show relevant documents and videos, such as the certificate of land use plan for the forest land and the like, and explain the relevant documents and videos to the victim. While the victim was seen as the victim, the contract was concluded while the victim did not appear.

According to the land use plan confirmation as to the above forest that F and G shown to the victim, the individual published land price per 1,740 square meter of the above forest is limited (1,740 won (1.1.), and mountainous districts, military bases, and military installations under the Mountainous Districts Management Act are preserved in areas, districts, etc. under the National Land Planning and Utilization Act as urban areas, natural green areas, and areas, etc. under other statutes.