사기
The judgment of the court below is reversed.
A fine shall be imposed for the first and second crimes against the defendant, which are set forth in the judgment, for one year, and for the third crimes in the judgment.
1. Summary of grounds for appeal;
A. The fact that the defendant in mistake of facts has received money as stated in the facts charged by giving the victim the right to operate or operate subway stations three times and received the same money as the stated in the facts charged, but as seen below, the defendant did not receive money by deceiving the victim without the intention and ability to give the victim operational or operational profit from the beginning, and there was no criminal intent to acquire money by deception.
The judgment of the court below that found all of the facts charged of this case guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
The legal counsel's opinion (Supplementary to the Reasons for Appeal) submitted on July 16, 2014 after the deadline for filing an appeal is determined only to the extent it supplements the grounds for appeal). In the case of paragraph (1) of the facts charged, there was a dispute as to whether the lease contract is terminated between Seoul Meart and Samsung C&C (hereinafter "T&C").
Even if there are circumstances such as a decision to recommend reconciliation to the effect that the right of lease of Samsung C&C is acknowledged in the process of related civil procedure, the defendant also thought that the victim may operate the subway store until Samsung C&C exceeds the store possession right in Seoul M&C. The victim also knew of the circumstances such as the right of lease dispute in the business relationship with the defendant and delivered money to the defendant.
(2) In the case of paragraph (2) of the facts charged, the Defendant did not receive twice the money from J and the victim, and the victim did not have any operating profit, and given up selling the money at the location where I had a private company in the dispute resolution committee.
(3) In the case of paragraph (3) of the facts charged, the Defendant was allowed to temporarily use the building zone Samsung C&C store that the Defendant had operated as the clothing store on the vehicle where the victim was temporarily able to use even on a temporary basis, and the victim was located.