특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
Defendants are not guilty.
1. Summary of grounds for appeal;
A. (1) The lower court erred by misapprehending the legal principles or by misapprehending the legal principles, which found the Defendants guilty of the facts charged in the instant case even though the Defendants agreed to jointly hold the J as a joint standing tree, or on the premise that they concluded the instant sales contract, thereby adversely affecting the conclusion of the judgment.
(2) The sentence imposed by the lower court on the Defendants (two years of imprisonment, three years of suspended execution) is too unreasonable.
B. The judgment of the court below which acquitted the public prosecutor of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the ground that the market price of the land in this case was not proven even though the difference between the market price of the land in this case and the purchase price was 500 million or more
(2) The sentence imposed by the lower court on the Defendants is too uneasible and unfair.
2. The summary of the facts charged in the instant case is the pastor of the G church, and Defendant B is the head of the G church.
Defendant
A around November 8, 2010, at the Kafin located in the Dong Dong-dong of the Sindong of the Sindong of the Sinsi-si, the victim H religious organization I to the purport that “The land located in the Sing-si, G, the representative of the Sing-si Association of the Irrith (hereinafter “the land of this case”) is being newly constructed as an Irrith on the ground of the land scheduled for replotting for land substitution for 340.1 square meters (hereinafter “the land of this case”), which is the land prior to the instant land substitution, and some of the land is donated.” As the Grrith to the purport that “the co-party defect is being changed until the acquisition of the building under construction of the remaining site and the retirement of the new site, I agree with the J, who will jointly hold a church, and make a decision and notification with the Nrrith,” and that “A will make it known.”
On November 10, 2010, the Defendants newly built the International Association in K in Chungcheongnam-si, Suwon-si around November 10.