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(영문) 서울동부지방법원 2015.08.12 2015노153
사기
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In concluding a plastic house for the purpose of facility cultivation between J, M and S, the Defendant was merely a simple observer who is not the contractual party, and the Defendant and J, M and S were in the same way with G, so the Defendant did not in collusion with G, and there was no intention to commit fraud against the Defendant. 2) The lower court’s sentence of unfair sentencing (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The facts charged in this case

A. During the process of the F Urban Development Project and the O Housing Site Development Project, from around 2006 to around 37.8% of the site for future-type business facilities, 19.7% of the site for legal facilities cluster, and 42.4% of the site for environment-friendly infrastructure facilities, the FF Urban Development Project has promoted the FF Urban Development Project, the main contents of which are the development and sale of inside and outside the area. On February 26, 2007, the FF Urban Development Project announced the public inspection and announcement for the designation of the FF Urban Development Zone. On June 28, 2007, the FF Urban Development Project announced the “Designation and Development Plan” and started urban development.

On January 3, 2006, the Korea Land and Housing Corporation: (a) designated the said area as a planned area for a housing site development project of 46,000 households, the main content of which is to develop a site of 6,788,000 square meters in Songpa-gu P, Q, and Sungnam-si, Seoul, and to build a multi-family housing of 46,000 households; (b) designated the said area as a planned area for a housing site development project; (c) is currently being promoted; (d) from January 3, 2006 to January 3, 2006, the date of the public notice for public inspection, the Korea Land and Housing Corporation granted a person who conducts livestock business, such as the act of massing business above a certain standard

B. The Defendant is a gathering of landowners in the above urban development project district around early 2005.

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