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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
The defendant shall obtain money from the applicant F to the applicant F. 223.
Reasons
1. Summary of grounds for appeal;
A. By the second trial of the trial of the first instance court, the Defendant argued that the amount of fraud should be applied under the Criminal Act inasmuch as the actual acquired amount is KRW 375 million with respect to the victim I's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the victim I by the second trial of the first instance trial, but the prosecutor applied for changes in the indictment on this part at the third trial date, and the court explicitly withdrawn the mistake of the above permitted defects and the misapprehension of the legal principles.
On July 19, 2007, the victim F purchased 100 square meters of Sinnam-si E Forest land 47,982 square meters (hereinafter “the instant real estate”), and purchased 50 square meters again on July 24, 2008 after about one year from the first sales contract. The second sales contract is reasonable at intervals after about one year from the first sales contract, and unlike the first sales contract, it is concluded after the victim strongly resisted with the workplace rent under the same contract when the victim is doubtful about the possibility of cancelling the green belt, and it is necessary to additionally 50 square meters if the victim intends to stop the another canwn as desired.
In addition to the idea of "the location of land is good and the return on investment is high."
Since the defendant voluntarily entered into an agreement on July 19, 2007, it is difficult to recognize the unity and continuity of the crime between the crime of fraud on July 24, 2008 and the crime of fraud on July 24, 2008. Accordingly, each of the above crimes is in the relation of substantive concurrent crimes.
However, according to Article 249 (1) 3 of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007), Defendant’s crime of fraud committed on July 19, 2007, seven years of the prescription period, and seven years from July 19, 2007, after the expiration of the prescription period, shall be sentenced to acquittal on December 11, 2017, since the prosecution of this case was instituted and the prosecution was completed. Thus, the judgment of acquittal shall be sentenced.
Nevertheless, all of the crimes against Defendant F victim F are committed.