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(영문) 서울서부지방법원 2013.03.25 2012노1320
사기
Text

The judgment below

Of them, the part against Defendant A (excluding the part of a compensation order) shall be reversed.

Defendant

A Fines 10,000.

Reasons

Summary of Grounds for Appeal

Although there was no deception by the Defendants in the course of mediating the sale and purchase of some shares in the Seocho-si J Forest (hereinafter “instant forest”), the lower court found the Defendants guilty of the instant charges, contrary to what is alleged, erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

An unreasonable sentencing sentence (Defendant B) imposed by the court below on the above defendant is too unlimited to impose a fine of three million won.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined at the court below on the defendants' assertion of mistake of facts: ① there was no or public notice on the construction plan to build a sea bridge connecting I and land where the forest of this case is located around 2005; ③ there was no plan to create an ecological development complex near I, but the defendants stated that the ecological complex was formed in I by May 2006, and the sea bridge connected I were constructed within 1 and 2 years with land; ② since I was an island in the form of mountain, it is extremely difficult to change the form and quality of the land from the land to the construction site; ② the defendants could not change the land category from the land to the land site under the pretext of building site to the land site; ③ the land category of the forest of this case was changed to H 1 to the land price of this case; ③ the forest of this case was calculated to the land of this case to the land of this case to the land of this case to KRW 300,000,000 per 60,000.

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