2. Determination

A. In the instant case, it is necessary to strictly punish the Defendant in light of the fact that the Defendant deceivings the victim to cancel the registration of establishment of the right to lease on a deposit basis, and that the establishment of the right to lease on a deposit basis is not good.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant was not subject to a sentence, and the confession and reflect of the crime, and the degree of substantial damage (a.e., approximately KRW 15.5 million) is relatively minor and partial damage was recovered (a.e., KRW 4 million).

In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and all of the sentencing conditions indicated in the instant case, the sentence of the lower court is adequate.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.