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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A As to the third crime of the 2014 Highest2746, which is decided A.
Reasons
1. Summary of grounds for appeal;
A. In relation to the misunderstanding of facts (the defendants) Defendant A, with respect to the case of 2014 Highest 1976 ruling, the complainant J and K shall exclusively have the right to operate the Kafac in G.
L kisc 3,00 won out of L kisc 5,000 won of adult admission fees to purchase beverages in the car page operated by the above complainants.
There is no statement that guarantees the net income of 10 million won per month.
In addition, with respect to the case of the 2014 High-Ba2746 decision, the Defendants merely concluded a franchise contract with the complainant, and did not conclude a franchise contract, and faithfully performed the management support for the above complainants in accordance with the terms of the contract, and there was no fact that the Defendants provided that the above complainants would guarantee the monthly net profit of KRW 10 million.
Nevertheless, the court below accepted the statements of the complainants without credibility and convicted them of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The Defendants’ respective sentences (two years of suspended sentence of imprisonment for six months, one year and six years of suspended sentence of imprisonment for one year and six months, and two years of suspended sentence of one year and one year of suspended sentence of imprisonment for Defendant B) declared by the lower court are excessively unreasonable. 2) The above sentence imposed by the lower court to Defendant A is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the Defendants’ assertion of mistake of facts, Defendant A paid KRW 3,000, out of KRW 5,000, which was received from adults visiting the instant KIKO, as a drinking coophone, so that the victims may make profits by allowing them to purchase beverages from the coophone operated by the victim J and K, or, inasmuch as the said victims did not have the intent or ability to grant the exclusive right to operate the coobook in the instant G, deceiving the said victims by deceiving them as stated in its reasoning.