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(영문) 서울중앙지방법원 2013.09.05 2013노1708
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main purpose of the grounds for appeal is to trade F forest land of 3,305 square meters (hereinafter “the forest of this case”) in Seogpopo-si, Seopo-si, Seopo-si, the main purpose of which is to sell the land to the victim and sell the remainder separately, and the forest of this case becomes so-called so-called mar by selling the land. Jri-gu, which invested in the Military Mutual Aid Association, is about 4 KK from the forest of this case and about 1 K Km from the village of this case. Since a road directly connected to the forest of this case is not constructed, the above fact is not related to the increase of land price, the judgment of the court below which acquitted the Defendants on a different premise is unlawful.

2. Determination on the grounds for appeal

A. The lower court found the Defendants not guilty of the instant facts charged on the ground that the evidence submitted by the prosecutor alone is insufficient to deem that the Defendants conspired to deception the victim and defraud the considerable amount of the purchase price of the forest of this case, without reasonable doubt, after explaining the relevant legal principles and recognizing the facts as stated in its reasoning based on the adopted evidence.

B. (1) Even if there is a somewhat exaggeration or falsity in the promotion and advertisement of goods in the related legal principles, if it is possible to be recognized in light of the general commercial transaction practices and the good faith principle, it cannot be said that the deception was made. The detailed facts about important matters in the transaction should be notified in a manner that is to be criticized in light of the duty of good faith and good faith. However, it should not be said that it constitutes deception in fraud exceeding the limits of exaggeration and false advertisements.

(see, e.g., Supreme Court Decision 2010Do7298, Sept. 9, 2010). (2) The following is acknowledged by the evidence duly adopted and examined by the lower court.

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