사기등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) explained to the effect that the Defendant, in relation to the recruitment of the member shop (hereinafter “instant member shop”) in which he is the representative director, the following circumstances, i.e., (i) at the time of the recruitment of the member shop, only 20 to 40 member stores (hereinafter “instant member store”) were remaining, but more than 650 member stores publicly notified that they were registered only the trademark service mark related to D, and (ii) they were patented even though they were registered, (iii) in the case of learning contents, 50,000 members were entitled to receive online learning data by paying user fees from JJ, and provided them with sufficient educational content continuously and stably, and (iv) the amount of profit presented by the Defendant was exaggerated, the Defendant’s act constitutes deception of fraud exceeding the limit of false advertisements.
Nevertheless, the judgment of the court below which acquitted the defendant on this is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles as to the requirements for establishment of fraud, which affected the conclusion of the judgment.
2. Determination
A. The lower court determined based on the evidence duly adopted and examined by the lower court, and acknowledged facts as indicated in its reasoning. However, the following circumstances acknowledged by the evidence are as follows: (i) it is difficult to expect that the Defendant explain the content registered as a trademark/service mark as a patent, i.e., it is difficult to expect that the Defendant will use it accurately by distinguishing the meaning of the content registered as a trademark/service mark from ordinary people other than experts; and (ii) the