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The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
Defendant shall be punished by imprisonment.
Reasons
1. Summary of grounds for appeal;
A. It is true that misunderstanding of facts has induced the victims to purchase the cargo by explaining to the effect that the "fixed volume of cargo" (hereinafter "fixed volume") is secured.
However, “fixed volume” means that it is not necessarily premised on the relationship between a specific shipping client and an exclusive logistics contract, but can continuously guarantee a certain range of distance of transportation to the victims.
In fact, the Defendant secured such meaning as “fixed volume”, and thus, there was no fact of deceiving the victims as stated in the facts charged.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. The deception as a requirement for a judgment of mistake of facts refers to all affirmative or passive acts that have to be followed by one another in a widely related property transaction, and it is sufficient to say that it is the basis for the judgment for allowing an actor to perform a disposition of property which he wishes by omitting the other party in error. Therefore, in a case where it is recognized that the other party to the transaction would not have been engaged in the transaction if he/she was notified of a certain circumstance, he/she has a duty to notify the other party of such circumstance in advance in accordance with the principle of good faith. Nevertheless, the failure to notify the other party of the fact that the other party would not have been informed of the fact that the transaction would have been made, thereby deceiving the other party, thereby constituting fraud.
(See Supreme Court Decision 2003Do7828 delivered on April 9, 2004, etc.). The following circumstances, namely, the ordinary meaning of language and the importance of securing stable quantities in cargo transport business, and victims are arranged or arranged by the defendant, comprehensively taking into account the evidence duly adopted and examined by the court below.