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(영문) 서울중앙지방법원 2016.12.23 2016노3556
사기
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, C (De facto Mistake) Defendant A, and C did not mean that the victim was “A had already entered into a contract with the content of introducing the instant education initiative program, which was sold by the Defendants between the four schools, including M High Schools, H (hereinafter “the instant education initiative program”).” However, Defendant A, and C did not mean that the victim had already entered into the instant education initiative program. However, the Plaintiff’s total sales contract with the Seoul East Eastern District (hereinafter “instant total sales contract”).

(2) At the time, the Defendants actively engaged in the instant education promotion project against schools in this region, and the victims also concluded the instant sales contract with their own judgment after sufficiently verifying that they did not deceive the victims, and there is no fact that the Defendants conspired from the victims to acquire the down payment under the pretext of the total sales contract.

B. Defendant B’s mistake of facts, misunderstanding of legal principles, and misunderstanding of the legal principles, Defendant B only recommended the victim to provide an explanation about the educational solution of the instant case, and there was no fact that Defendant B merely told the victim to the effect that “the instant educational solution is good,” and that the victim was “a contract entered into with four schools, such as M

② In light of the contents of the instant total sales contract and the victim’s actions before and after the conclusion of the contract, the victim’s statement is not reliable. In fact, the Defendants actively engaged in the instant education leading business against the schools and various organizations at the time, and the victim also concluded the instant total sales contract with the knowledge of all of such circumstances. The Defendants cannot be deemed as deceiving the victim.

In addition, the defendants are victims.

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