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(영문) 서울중앙지방법원 2013.10.18 2013노2825

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is as follows, the Defendant was guilty of the facts charged in the instant case by misunderstanding the fact, even though he did not belong to the lessee of the e-mail and the e-mail facilities in Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “the instant e-mail”) and the transferee of the goodwill of the instant e-mail, as follows.

The former lessee prior to the instant lawsuit was the victim G, I, and J had taken the victim B as a new lessee. The Defendant only signed the lease contract as a lessor, and did not participate in the lease contract between G and B.

B. Although there was no problem at the time of concluding the instant contract with the victim M for the transfer of the operating rights with the victim M, U did not perform the contract as the joint owners of the instant private letter, thereby failing to perform the contract, and did not intentionally belong to M.

C. From around 2003, the dispute was continued between the Defendant and the co-owners over the instant friendship, and the occupants of the instant friendship had been occupying at the risk of risk in a well-known state.

2. According to the evidence duly adopted and examined by the court below, according to the following circumstances, the right of operation of the instant friendship was transferred to the co-owners without any intention or ability to transfer the right of operation of the instant friendship, such as: (a) acquiring money from G and B in the name of the deposit; (b) losing the money in the name of the deposit for lease from G and B; and (c) reporting the succession to the status of the public health business entity with respect to the instant friendship in the name of F. The right of operation of the instant friendship was transferred to the public health business entity in the name of F.