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Of the judgment of the court of first instance, the part on Defendant A, B, C, D, E, F, J, and N and the judgment of the court of first instance shall be reversed.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. misunderstanding the facts and misapprehension of legal principles as to the judgment of the court below 1) 1. The Defendants clearly explained to the victims that forest subject to purchase and sale is not included in an agro-industrial complex, development special zone, tourism development area, etc., but a nearby area. In fact, there is no deception because the said forest is likely to be developed adjacent to AK Agricultural and Industrial Complex, N Tourism Development area, AP Special zone, station station area, etc., and considering all the expenses incurred in purchasing the said forest and the acquisition tax and corporate tax paid, etc., the court below found the Defendants guilty of this part of the charges, despite the fact that the sale price, which is up to 2-2.5 times the purchase price, is unreasonable, and thus, is not constituted a crime of fraud, thereby adversely affecting the conclusion of the judgment.
B) Although the prosecutor (the part not guilty of Defendant A, B, C, D, E, F, and N) notified the victims of false facts about the possibility of developing the land, profitability, etc. which are important matters in the transaction, the court below acquitted the Defendants, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
2) Although Defendant B’s assertion of the lower judgment’s misapprehension of the legal doctrine does not fall under the case where Defendant B did not have the ability to discern things or make decisions, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
3) Defendant J and C’s assertion of misunderstanding of the facts against the judgment of the court below of the third instance is planned to change the form and quality of the site to the GP of Gyeong-gun, Gosung-gun and to expand the road to the fourth line.
However, the above GP. is a customer who seeks to purchase the above G Q forest from the victim who purchased the above G Q forest in Chungcheongnam-si, Chungcheongnam-si.