사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal indicated in the column for the purpose of the contract under the provisional contract dated August 13, 2014 (hereinafter “instant provisional contract”) between the Defendant and the victim as “exclusive supply and sale rights to the group of products of German Nanoco-rating agents G (G; hereinafter “G”). However, the main purpose of the contract concluded with the victim is not the exclusive supply and sale rights to the victim, but the sales rights or sales rights are guaranteed to the victim. In fact, the Defendant is the only seller who imports raw materials from the GermanF company (hereinafter “F company”) and manufactures and supplies G products in Korea, and the victim was also the victim concluding the contract with the Defendant in trust.
Therefore, the Defendant did not have any intention to deception or deception as stated in the instant facts charged, and even if the act of deception is recognized, there is no causal relationship between the deception and the act of disposal by the victim.
Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding of facts or misunderstanding of legal principles.
2. In full view of the following facts and circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below as to the grounds for appeal, it can be recognized that the victim delivered the money in the name of the down payment due to the victim's false statement. Since causation is recognized between the defendant's deception and the victim's delivery of property, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles
The victim has the exclusive right to sell and supply G co-rating agents supplied by the German FF company in the court below's decision.