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(영문) 인천지방법원 2019.05.09 2018노3250
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal was as follows: (a) the Defendant purchased a forest of H 7,815 square meters in Incheon-gun (hereinafter “instant forest”) and purchased 2,113 square meters in neighboring S forest of 3,353 square meters (hereinafter “S forest”).

However, with respect to the S Forest, T, etc. obtained permission for development of the S Forest with the consent to use the road from J, the owner of the K Road 623 square meters (hereinafter “instant road”), and the Defendant was also transferred the name of the permission for development of T, etc. while purchasing the S Forest and Forest.

Therefore, the Defendant made the entire access road to the instant forest on the land for the forest land in S, or was able to secure the access road necessary for the development of the instant forest land by creating the access road to the instant forest and the instant road on the S forest site. Therefore, it is merely selling the land to the victims by subdividing it into 1,322 square meters out of the said forest land (hereinafter “instant land”), and there is no fact of deceiving the victims.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The following circumstances revealed by the court below based on the evidence duly adopted and examined by the court below as to the grounds for appeal. In other words, the victim F, etc. of the victim of the crime to be able to first visit the defendant on April 3, 2011 in order to purchase the land where all the houses were located. Although the victim was interested in S Forest not in the forest of this case, it is necessary for the defendant to jointly develop the entire forest of this case, as it is necessary to select part of the forest of this case and S forest of this case and jointly develop the entire forest of this case, and the victim's side "the defendant has the intention to purchase if the access road of this case was installed on the land of this case," and the defendant can open the access road of 4 meters wide on the road within the 26th of the same month.

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