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(영문) 수원지방법원 성남지원 2013.05.31 2012고단1181
사기
Text

The defendant shall be innocent.

Reasons

1. The facts charged in the instant case revealed that the Defendant intended to sell is a preserved mountainous district and a preserved mountainous district, and thus, it was difficult to develop it as a site for electric source housing by opening a change of the form and quality or an access road in accordance with relevant Acts, such as Article 12 of the Management of Mountainous Districts Act that limits development activities in a preserved mountainous district, and Article 58 of the National Land Planning and Utilization Act that limits development activities in a preserved mountainous district, taking into account surrounding scenery

In fact, due to the above-mentioned regulation, the defendant applied for a change in the form and quality of the above C forest in the name D, but was rejected from the competent administrative agency on June 17, 2005 on the ground that it could damage surrounding landscape in the conservation green belt area. On November 2006, the defendant applied for a change in the form and quality of the above C forest again in the name of the defendant, but was returned for the same reason.

In addition, the above woodland owned 1/3 shares of E, F, and G around 1990, and around June 13, 2005, F owned 8/18 shares and 10/18 shares, respectively. However, around March 2001, G et al. concluded a sales contract for selling shares in the above C Forest to H operated by the Defendant, but the ownership transfer registration was not made in H’s name due to disputes over the remaining amount.

On December 17, 2004, the Defendant made a false statement to the effect that “The above C forest will be developed as a house site for electric source upon the permission to change its form and quality, and the price will rise rapidly upon the completion of the development in the future. The name of the owner on the register is another person, but there is an interest in the register. It is nothing more than the fact that there is an interest in the register. It is necessary to pay money to sell it at a low price of KRW 200 million. When the development is completed, the ownership transfer registration will also be made.”

However, the facts are as above C.

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