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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The F Co., Ltd. (hereinafter “F”) operated by the Defendant of mistake of facts and misapprehension of legal principles was operated in the manner of arranging and selling one-way travel goods by one-way Co., Ltd. (hereinafter “one-way”). On February 2, 2015, one-way tour service or the principal of maturity has been offered to F customers without any problem until transaction suspension is notified from one-way tour. The victim was normally operated even around November 201 and January 201 at the time of the purchase of F’s each travel goods. As F is normally operated even around November 201, 201 and around January 201, the Defendant did not send the travel to the victim without any intention or ability to provide the principal with travel service or maturity or make a false statement as if the principal would be due, and thus, the lower court found the Defendant guilty of the facts charged in the instant case.
B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.
2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant
A. The intent of the crime of defraudation, which is a constituent element of the crime of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history before and after the crime, environment, details of the crime, and the process of transaction execution, unless the defendant makes a confession. Therefore, the crime of fraud is established even by willful negligence
(See Supreme Court Decision 2007Do1214 Decided February 26, 2009). A subjective element of a crime element refers to a case where the possibility of occurrence of a crime is expressed as uncertain and it is permissible to do so. In order to have willful negligence, there is awareness of the possibility of occurrence of a crime, and furthermore, there is an internal intent to review the risk of occurrence of a crime.
It permits the possibility that the offender will commit the crime.