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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-finding, the Defendant entered into a sublease contract (hereinafter “instant sublease contract”) with the H restaurant (hereinafter “instant restaurant”) on May 10, 201, with the victim on May 10, 2013 without the owner’s consent, and entered into a contract (hereinafter “instant contract”) with the victim on May 10, 2013. Therefore, the Defendant did not deceiving the victim and did not intend to commit fraud.
B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
2. As to the assertion of mistake of fact
A. The judgment of the court below is based on the following circumstances revealed after compiling the evidence as stated in the judgment of the court below. ① on February 26, 2010, the lessee of the instant restaurant: (i) the Defendant sub-leaseed the instant restaurant; (ii) the owner’s agent of the instant restaurant requested the Defendant to leave the lessee on July 23, 2012; and (iii) the Defendant’s husband leased all the F’s factory buildings, including the instant restaurant; (iv) the Defendant’s husband was working together with the above company, and (iii) the Plaintiff was demanded to leave the lessee, such as the Defendant, etc.; and (iv) the Defendant stated that the Defendant and the victim did not have any interest in the instant restaurant at any time from the investigation agency to the court below to the lower court; and (v) the Defendant made a statement to the Defendant and the victim of the instant case, regardless of its credibility and credibility.