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The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.
The defendant shall be held in the first instance judgment, respectively.
Reasons
1. Of the facts charged in the instant case, the first instance court found the Defendant guilty of the fraud caused by the defraudation of KRW 74 million and legal expenses of KRW 1.5 million and the fraud against the rest victims, and found the Defendant guilty of the fraud caused by the additional defraudation of KRW 4 million with respect to the purchase price of KRW 1.5 million. The judgment of the first instance court which did not appeal only the Defendant against the judgment of the first instance court and did not appeal the prosecutor. The part of the judgment of the first instance which acquitted the Defendant out of the reasoning of the judgment of the court of first instance is to be judged in the first instance, but the part of the judgment of the court of first instance which did not appeal from the object of the party’s attack and defense is to escape from the object of the party’s attack and thus, this part is not determined again at the trial court of the first instance.
2. Summary of reasons for appeal;
A. Defendant 1) In entering into a sales contract with both parties of this case, the Defendant agreed to divide the forest of this case into a sale contract (hereinafter “sale contract of this case”) on the 38,087 square meters of forest land in Yeongdeungpo-gu, Young-gu, Young-gu, and the cost of legal affairs by defrauding the sale price of the forest of this case and the cost of legal affairs (hereinafter “the purchase contract of this case”), and there was no fact that the Defendant promised to divide the forest of this case into the sale contract of this case and to obtain permission for development.
D. At the time of the conclusion of the instant sales contract, the registration of individual subdivision by final judgment is not subject to permission for development activities, but subject to registration of individual subdivision in the case of housing site
In fact, there have been many cases where individual subdivisions have been registered by final judgment on the forest of this case, such as individual subdivisions, with regard to the forest of this case nearby the forest of this case, so the Defendant entered into the instant parcelling-out contract with the knowledge that individual subdivisions can be registered on the forest of this case, but there are many parts not sending documents necessary for individual subdivisions, and the Defendant is detained in other cases, and the separate partition registration procedure is procedure.