The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The allegation of mistake is true. ① The victim had previously been engaged in the same industry for a long time, and appears to have been fully aware that it is possible to transfer or take over an individual agency's agent's license to the agencies of the part of the part of the part of the part of the part of the part of the SamsungMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM.

Since it was believed that the victim had been sufficiently aware that he/she had the intent or ability to transfer business rights, etc. to part agencies, and even though he/she had made efforts to do so to some extent, he/she was unable to perform his/her business due to the destruction of the contract by the victim, there was a criminal intent to defraud the victim

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous as affecting the conclusion of the judgment.

B. Sentencing;