사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that when the victim concludes a contract under which the defendant acquires the total number of outstanding stocks and D mobile meal service supply business rights from the defendant (hereinafter “instant contract”) (hereinafter “instant contract”), the sum of KRW 70,785,000 for December 2016 and KRW 64,638,500 for January 2017 and KRW 135,424,000 for each of KRW 154,236,975 for the unpaid amount of debt of the instant corporation.
Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case on the premise that the defendant deceivings the victim to the effect that the defendant's obligation borne by the corporation of this case is excessive than that of the attempted obligation.
2. Determination
A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
1) The Defendant’s acquisition and operation of the “brine restaurant business” (hereinafter “brine restaurant business right”) < Amended by Act No. 1478, May 2016; Act No. 1485, May 1, 2016; Act No. 1083, Feb. 23, 2018>
A) Around June 2016, a corporation name was acquired, and changed to the LAB and started the operation of the bacon restaurant. Around November 2016, the name of the said corporation was changed to the current LAB. ② The Defendant considered 65,979,480 won as the operator of the bacon restaurant from June 2016 to October 2016. The Defendant made profits of KRW 8.5 million on a monthly average of November 2016 and around December 12, 2016. However, the results of the total settlement in 2016 were 48,946,592 won.2) The Defendant concluded the instant contract and entered into the instant contract around November 2016. < Amended by Presidential Decree No. 27800, Dec. 2, 2016>
(2) The defendant and the victim shall be on January 23, 2017.