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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In order to operate a business with the victim's business partnership, the defendant was invested in the business fund from the victim, and the investment fund was actually used as the business fund or used for the personal purpose of the victim, and there was no deception by the victim. Therefore, the judgment of the court below which found the defendant's deception and found the defendant guilty of the crime of fraud is erroneous in the misapprehension of legal principles
B. In light of the fact that the actual damage of the victim of unreasonable sentencing differs from the amount stated in the facts charged, and the victim’s withdrawal of complaint during the investigation process, etc., the lower court’s imprisonment (eight months) is too unreasonable.
2. Determination
A. The deception as a requirement for a judgment of fraud as to the assertion of mistake of facts or misapprehension of legal principles refers to all affirmative or passive acts that have to abide by each other in the transactional relationship with property, and therefore, it is sufficient to say that it does not necessarily require false indication as to the important part of the juristic act, and it is sufficient to say that it is the basis for judgment for an actor to make a disposal of property that the actor wishes by omitting the other party in mistake.
(See Supreme Court Decisions 98Do3549 delivered on February 12, 199; 2003Do7828 delivered on April 9, 2004, etc.). In light of the above legal principles, the health unit related to the instant case and the evidence duly adopted and investigated by the lower court, are acknowledged as follows: ① the victim has a person to invest in KRW 1.5 billion.
“The Defendant asserted that the Defendant had invested the business fund in trust with the Defendant’s horse, and that the Defendant also stated that the victim had made such a statement, and ② the Defendant decided that the “person who will make an investment of KRW 1.5 billion” in an investigative agency would actually make an investment, but R is a mental hospital.