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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-misunderstanding or misapprehension of the legal principles, the Defendant did not commit the act of deception as stated in the facts charged, and the Defendant did not have any profit gained by the instant case, and the Defendant did not build roads due to the fact that the victims did not fully pay the construction cost, etc.
The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misunderstanding of facts or by misunderstanding of legal principles, which affected the conclusion of the judgment.
B. The punishment sentenced by the lower court (one year of imprisonment) is excessively unreasonable.
2. Determination
A. 1) Determination of the misapprehension of the legal doctrine on the assertion of mistake of facts or misapprehension of the legal doctrine 1) As to the amount exceeding KRW 500,000,000,000,000 in lieu of selling D2,228 square meters in C and Paju-si, the Defendant, after completing consultation with the Defendant to gain profits, had the aforementioned land and the Defendant sell 79 square meters in size and 140 square meters in size among F 164 square meters that he received from E and the Defendant received from E, and the victims were willing to purchase the said land for the purpose of using the said land as a factory site and demanding a access road of a 6-meter wide range to the factory site, he tried to sell the said land to the victims.
However, in fact, in order to open access roads with a width of 6 meters from the above land, it is necessary to purchase part of the land from the land from the Ha, I, and J or to consent to use the land. The above H land owned by the Defendant except the above J land owned by the Defendant’s wife, and the elevator owner’s consent to use the above I land owned by the elevator company. In particular, since the above H land had an existing building, it is necessary to construct the existing building in order to construct the road of 6 meters wide.