사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. Although the victim’s statement on the summary of the grounds for appeal is consistent from the investigative agency to the court below’s trial, in light of the transaction relation between the victim and the defendant before the instant case, the amount of fees paid by the victim to the defendant, and the statement in the column of “the borrowed person” of the standard lease contract of this case, the court below rejected the victim’s statement, and acquitted the defendant of the facts charged of this case, which affected the conclusion of the judgment by misapprehending the legal principles.
2. Determination:
A. The summary of the facts charged in this case is that the Busan Urban Railroad Corporation (hereinafter referred to as the "F") around 2008 constructed the E commercial building on the first floor underground between the Busan Urban Railroad Station C and D Station (hereinafter referred to as the "F") and the F Co., Ltd. (hereinafter referred to as the "Co., Ltd. in the case of other companies; hereinafter referred to as the "Co., Ltd.") entered into an agreement with three companies, such as G and H, as the company company, and the company in the form of a consortium. The content of the agreement entered into with the F Co., Ltd. (hereinafter referred to as the "Co., Ltd.") on the construction of the E commercial building on the first floor, which is owned by it, at the above consortium, installed facilities and operated for a period of 20 years, and paid the rent of KRW 150 million per annum to Busan Urban Transportation Corporation, and transferred its entire authority to Busan Urban Transportation Corporation for 20 years.
On the other hand, on June 30, 201, the Busan Traffic Corporation approved the sale of H under the standard lease agreement with the representative of the above consortium. According to the terms and conditions of the standard lease agreement, the lessee (seller) must deposit the advance payment rent into the pre-sale real estate trust account, and unless otherwise, the contract for sale is valid, and the transfer and sub-lease of the lease (right of sale) is prohibited.
Defendant J around January 2013, when working as a director of the sales division of the said commercial building, the sales agent of I, the sales agent of the said commercial building, leased KRW 200 million to H and received as a substitute repayment.