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(영문) 서울중앙지방법원 2017.08.17 2017노920
사기
Text

The defendant's appeal is dismissed.

Reasons

In light of the circumstances below the summary of the grounds for appeal (misunderstanding the facts), the court below erred by misapprehending the legal principles on finding the Defendant guilty, even though the Defendant did not have any negligence, as to the fact that the plastic house is not subject to compensation, or the plastic house facilities of this case (hereinafter “the plastic house of this case” or “the instant double-wing facilities”) as stated in the facts charged.

The time when the defendant sold the balwing facilities of this case is November 25, 2008.

In this regard, it is deemed that the Korean Land Corporation stated the project status of the Housing Site Development Project of the Extraordinary District and the Compensation Guidance as the "be prepared in accordance with the relevant laws and regulations as of February 2009", and the Korean Land Corporation announced the date of the public announcement of the recognition of the project, which serves as the compensation basis, around February 2009.

Therefore, on November 25, 2008, the Defendant did not know of the compensation base date or the compensation date on November 25, 2008, because the Defendant did not set the compensation base date at around November 25, 2008.

Around March 2008, the Defendant purchased the instant doublewing facilities from F, and there is no reason for the Defendant to purchase the instant doublewing facilities in the instant vinyl facilities.

The lower court, on the sole basis of the results of the investigation into the current status conducted by the Korea Land Corporation on April 28, 2008, found that there was no balwing facilities within the instant vinyl greenhouse, as at January 3, 2006 (the date of public announcement on the designation of planned areas for the development of a new city, which is the standard date for compensation for persons subject to the countermeasures for living in the memorial district

The decision was determined.

However, the Defendant purchased from the previous owner AC in 2006 to the around 2007.

The Defendant submitted the pictures taken on May 26, 2008 and December 9, 2009, as evidence No. 8, to the two-wing rooms of this case.

F has experience in land compensation several times, and the two-wing facilities of this case.

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