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(영문) 부산고등법원 (창원) 2015.12.09 2015노254
폭력행위등처벌에관한법률위반(공동강요)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The business related to the mistake of facts and misapprehension of legal principles regarding the fraud part of the instant fraud part (hereinafter “business of discount sale of merchandise coupons”) was to accumulate funds through the discount sale of merchandise coupons, and to obtain profits by carrying out another business with the funds when the human network is formed.

The defendant did not explain to the victims that the business is being carried out to compensate for the losses of T Co., Ltd. (hereinafter referred to as "T") due to the discount sale of merchandise coupons, and the victims were aware that such business is not carried out.

In addition, the defendant did not gain any benefit in relation to the merchandise coupon discount sales business.

Therefore, the defendant did not deceiving victims and did not have the intention of deceiving the victims.

Even if the merchandise coupon discount sales business constitutes fraud.

Even until November 2012, since merchandise coupons issued by T are normally supplied by merchandise coupons and the buyers did not have any damage, the act of selling merchandise coupons before November 2012 does not constitute fraud.

Nevertheless, the court below found the Defendant guilty of all the charges of fraud of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of judgment

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

2. Determination

A. 1) As to the assertion of mistake of facts and misapprehension of legal principles, fraud legal doctrine is established by deceiving another person to make a mistake by deceiving him/her, and by inducing such act of disposal, and there is a causal relationship between deception, mistake, and disposal of property (see Supreme Court Decision 2000Do1155, Jun. 27, 2000). Meanwhile, what act constitutes a deception that causes a mistake to the other person.

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