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(영문) 수원지방법원 2014.01.23 2013노3428

사기

Text

The defendant's appeal is dismissed.

The defendant shall pay F, who is an applicant for compensation, KRW 45,00,000,00.

3.2

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts I would like to promote the resumption of the business of the call text to the defendant with the consent of the defendant, I would like to give F with the right to operate the store of the call text, and I received money from F through the defendant's account as a store deposit money, there was no deception by the defendant, and there was no intention to commit fraud by the defendant.

B. The lower court’s sentence against the Defendant on unreasonable sentencing (the imprisonment for eight months, the suspension of the execution of two years, and the community service order 120 hours) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly admitted and examined by the court below, the defendant: (a) on November 20, 206, the first floor underground of the Dongdaemun-gu Seoul Metropolitan Government G G library was leased from the manager P of the G management body (hereinafter “management body”) to operate the call architecture (hereinafter “instant call architecture”); (b) according to the contract between the defendant and the management body, the period of use of the defendant was six months from November 20, 2006 to May 19, 2007: Provided, That if the management body requests the name of the owner of the commercial building with the consent of 80% of the sectional owner on the commercialization plan, the defendant is voluntarily ordered, and the defendant is unable to sublease it, and (c) at the time of the above contract, the defendant prepared and submitted the “the waiver of facilities, rights, etc.,” and each of the above contracts included the “the establishment of the facility, rights, etc.,” and (d) the contents of the facility and the right to sub-lease 2, including the above facility.7.