사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant, at the time of concluding a joint operation agreement with the victim as described in the facts charged, was entitled to operate the instant 14 glamping business with ownership as to the glamping 14 glamping, and the Defendant and D still continued to use the glamping project. As such, the Defendant did not have any intent or ability to have the victim exercise his right for about five years by transferring part of the glamping 14 glamping shares among the 14 glamping.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
2. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the following facts and circumstances can be acknowledged.
① The Defendant asserts to the effect that, notwithstanding the agreement entered into with I on August 9, 2013, the Defendant had the right to operate the instant 14 glamping and owned the instant glamping.
However, the above arrangement with I is itself a content that the defendant cannot exercise the right of operation and ownership of the 14 glamping of this case until the defendant fully performs his obligation to I. The 14 glamping of this case has already been provided as security to I.
Thus, even if the defendant was in charge of the 14 operating practices of the instant glamping, it is merely that I entrusted the operation of I to the defendant for smooth recovery of claims (According to the testimony of the witness S of the trial court, around September 2013, when the defendant proposed to conduct the business, it appears that I had the right to dispose of the 14 glamping of the instant glamping since I deposited the glamping operating revenue into the I's account by agreement between the defendant, I, and D.). At the time of conclusion of the joint operation contract of the glamping, it cannot be deemed that the defendant had the right to dispose of the 14 glamping of the instant glamping.
(2) The defendant has already made an agreement with I.