A. misunderstanding of facts and misunderstanding of legal principles have been delegated by G, the main owner of the instant mobile phone case sales store (hereinafter “instant store”), with the authority to dispose of the said store. Since the lease contract on E and the instant store has been continuously renewed, the victim was judged to be able to operate the instant store, and the victim transferred the right to operate the store of this case to the victim. After which E unilaterally terminated the lease contract, it was impossible to move the store to the victim.

Nevertheless, the court below found the defendant guilty of the facts charged of this case by deceiving the victim and acquiring money as the transfer proceeds of the store operation right of this case, and erred by misapprehending the legal principles, which affected the conclusion of the judgment.

B. When taking into account various circumstances on the accused of unfair sentencing, the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of legal doctrine, namely, (i) it is recognized that G has operated the instant store in the form of having received part of the profits from the Defendant upon the Defendant’s request and delegated the Defendant with the operation of the store. However, even according to the Defendant’s assertion that at the time of the instant case, the Defendant did not have delegated or consented to the instant store disposal itself; (ii) even if the Defendant’s assertion that G did not have any delegation or consent to the instant store disposal itself, at the time of one year prior to the conclusion of the contract with the Defendant, it only stated that G transferred the amount higher than the initial store to the Defendant, and that it was thought

On the other hand, the defendant entered into a franchise agreement with G during the trial.