사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) did not notify the victims of the necessity of access roads to the above forest when selling the forest of this case to the victims, and, in light of the various circumstances shown in the record, deceiving the victims who have the intention or ability to open access roads to the defendant, even though they did not have the intention or ability to do so, and deceiving the victims who were not the husband of the K victims G with the location and form of the forest of this case, the court below acquitted the victims of the facts charged of the fraud of this case, even though there was an error of misunderstanding of facts.
2. The prosecutor charged the Defendant with the violation of the Labor Standards Act, the Labor Standards Act, and the Guarantee of Workers' Retirement Benefits Act. The lower court rendered each of the instant charges against the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, and acquitted each of the fraudulent parts.
However, since the appeal against the acquittal portion by the prosecutor is final and conclusive, the scope of the judgment of this court shall be limited to the acquittal portion.
3. Determination
A. The summary of the facts charged of the instant fraud is a person who operates planning real estate, which is a prompt term “real estate” to obtain market price profits by dividing the forest land in the region, such as Gangwon-do and Chungcheong Do, as the E representative director of the company with five floors in Gangnam-gu Seoul Metropolitan Government, mainly after purchasing the forest land in the region
On October 20, 2009, the Defendant purchased approximately KRW 12,071m of Fancheon-do, Gangwon-do, for about KRW 17,380,000 (per square meter 48,000). However, the instant F forest was subject to the individual officially announced value at the time of the purchase of approximately KRW 17,40,00 (per square meter 48,000). Moreover, the instant F forest was subject to the strict restriction on land partition permission for the purpose of preventing real estate speculation and difficult development, and there is no possibility that the average gradient would be subject to permission for development activities according to the urban planning ordinance at 31,00,000.