(영문) 의정부지방법원 2021.02.04 2020노384

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(영문) 의정부지방법원 2021.02.04 2020노384

사기

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (four months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unhued and unreasonable.

B. The Defendant was merely the Defendant’s introduction to the victim after hearing the statement that the instant MTS factoring was normally acquired a portrait right from Defendant B, and there was no fact of deceiving the victim.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged in the instant case is that the Defendant would want to sell approximately 225,000 copies of CMak Factors (hereinafter “CMak Factors”) from B at around August 2016. However, it is difficult for the Defendant to sell products that cannot be sold directly in a normal and off-line market.

Accordingly, upon receiving a request to request that the person who will purchase the instant Mice factoring be able to rescue, and the person who will purchase the instant Mice factoring from around that time to June 2018 was colored.

During that process, the Defendant proposed to sell and purchase various products, such as golf balls and clothing, to the victim D at a Kakaox on June 26, 2018, there is a person who would sell 25,000 won per head of 1,000 to the victim “the Mack 25,000 won per head.”

I would like to offer to our company the fee of 5 won per head of the Escam of this case.

In addition, this case's Mak factoring was agreed before the contract was entered into.

The phrase “it is possible to sell in a normal and off-line market, such as Escam.” was false.

However, the fact was that the Make factoring of this case was a product that could not be sold in the normal and off-line market, which was not secured by portraits and sales rights.

The Defendant, as such, deceiving the victim, and let the victim take account of the fact on June 27, 2018, the amount to be paid to KRW 125,000.

유사 판례

-서울남부지방법원 2017.05.18 2016고단3396

-서울중앙지방법원 2017.05.17 2015고단7800

-서울남부지방법원 2018.10.30 2017노1049

-수원지방법원 평택지원 2017.09.21 2016고단2751

-서울남부지방법원 2017.04.18 2017고단569