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(영문) 의정부지방법원 2015.02.06 2014노1762
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, did not induce victims to sell the KT product at the store of this case, and concluded a lease contract without clear declaration or confirmation between the victims and the lessor, but only terminated the lease contract when it was impossible to sell the KT product at the store of this case.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below, namely, the victim F stated in the investigative agency and the court of the court below that "When the defendant first asked that he would not sell the KT product at the store of this case, the victims could not enter into a contract if he did not sell the KT product, and I responded to the purport that he would be possible to deduct the KTro from the signboard, and that the defendant would be allowed to sell the KT product at the store of this case." The investigation agency and the court of the court below stated that "I who arranged the transfer and takeover contract of the right to the store of this case (facilities)" in the investigative agency and the court of the court below that "I could not sell the KT product at the store of this case in the same building, I would not sell the victims' products at the KT agency in the same building, but proposed the method of selling the KT product without containing it to the victims, I would have to contact the victims, which the defendant could have been allowed to call," and that the victims' store of this case could not sell the products of this case.

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