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(영문) 서울서부지방법원 2013.11.05 2013노304

사기

Text

Defendant

All appeals filed by B, C, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to Defendant B and C1’s fraud against the victim J of misunderstanding of facts, the lower court determined that the Defendants conspired with Co-Defendant A to deception the victim, but held Defendant H Co., Ltd. (hereinafter “Defendant Co-Defendant Company”).

[1] A corporation and M Co., Ltd. (hereinafter “victim”)

(B) the EBS I’s contract for the exclusive provision of teaching materials and content (hereinafter “instant exclusive provision contract”).

(2) The Defendants were well aware of the fact that there was no teaching material approved by EBS, and there was no teaching material approved by EBS. In other words, the Defendants did not deceiving the victim. (2) The lower court’s sentence (2) of unfair sentencing sentence (2) is too heavy, 1 year of suspended execution of one year of imprisonment, 160 hours of community service, etc.).

B. Prosecutor 1) Regarding the fraud of Defendant A’s victim G by mistake of facts, the lower court acquitted the Defendant on the grounds that there is no evidence to acknowledge the fact that the Defendant deceivings the victim through Co-Defendant B, but the Defendant stated in the investigative agency that the Defendant led the victim to conclude the contract with the victim. Accordingly, the lower court’s judgment is erroneous in matters of mistake of facts in that it can be acknowledged that the Defendant deceivings the victim through B. 2) The lower court’s sentence against the Defendants on unreasonable sentencing (Defendant A: one year of suspended sentence, two years of imprisonment, one year of community service, one hundred and sixty hours of imprisonment) is too

2. The following circumstances acknowledged by each evidence duly adopted and investigated by the lower court and the first instance court on the assertion of mistake of facts by Defendant B and C, namely, ① the Defendants entered into an agreement with the EBS on August 5, 2009, but the Defendants entered into an association agreement with the EBS on July 1, 2010.