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(영문) 수원지방법원 2019.05.29 2019노832
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant in violation of the rules of evidence, the rules of evidence, and the principle of free evaluation of evidence told FF to repair the factory room or told E to improve the factory room on the date of conclusion of the contract.

In addition, the legal statements of the witness of the court below are not consistent and mutually contradictory, and they are not reliable.

Nevertheless, the court below determined the number of rooms not stated in the contract of this case as the important contents of the contract of this case based on the "a copy of the confirmation of the transfer," and "a search report (a comparative analysis report on the quantity of swords)". Thus, the court below erred in the misunderstanding of facts, the rules of evidence and the

B. The misapprehension of the legal principle that the Defendant did not inform the number of public rooms during the process of entering into the instant contract is based on the freedom of entering into the contract, and even if the number of public rooms known to the effect that he would refer to the balance date is somewhat incorrect, this is essentially nothing more than the negligence or negligence in the contract, but the court below erred by misapprehending the legal principles on intentional act and deception in fraud.

2. Determination

A. In full view of the following circumstances that can be acknowledged by the evidence duly adopted and examined by the court below as to whether the number of the Gowons' rooms is important in the contract of this case, it is reasonable to view that the number of the Gowons' rooms and the number of the Gowons' rooms in the contract of transfer of rights between the defendant and the victim was important in entering into the contract, and that the defendant was aware of them. Accordingly, this part of the defendant's assertion

1. At the time of the contract, the victim thought that the number of persons who entered the Institute was important while entering into a contract for the transfer of rights with the defendant and the Institute of Notification, as a whole, from the investigative agency to the court of original trial, and the total of 48 rooms of the Institute of Notification.

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