In full view of the fact that at the time when the defendant was delivered KRW 3 million from D as security deposit, the defendant did not perform his obligation to pay road occupation and use fees for 4 years in consideration of the fact that the defendant was in an unstable situation that can be notified from the lessor of the termination of the contract, and that the defendant did not notify at all the circumstances of the rent and the delinquency in the payment of road occupation and use fees, the court below found the defendant guilty of the charge of deception and fraud, but there is an error of law by misconception

Judgment

The Defendant’s summary of the facts charged in the instant case is underground in mutual incomprehion in Mapo-gu Seoul on May 26, 2011.

In the room, “E” used the victim D’s “E” to stop its business and set up a job in the same place, and leased “E” on June 1, 2007 on May 31, 2012 during the lease period, May 31, 2012, deposit 25 million won, and monthly rent 2,200,000 won. Accordingly, the party made a false statement to the victim D’s KRW 1.1 million per month on the deposit to be paid.

However, in fact, the Defendant did not pay the road occupation fees and taxes imposed on the Defendant in relation to the lessor for 4 years, and the rent for 17.6 million won was unpaid for 8 months. Since electricity charges were in the state of being notified that the Defendant was in arrears with the amount equivalent to 600,000 won and the contract was not automatically extended due to the fact that the lease contract could not be automatically extended, there was no intention or ability to transfer the said E to the victim and perform funeral services.

Nevertheless, on May 27, 201, the Defendant, by deceiving the victim as above, obtained 3 million won as a deposit money from the victim's vehicle that was set up in front of the exit 5 in Mapo-gu Seoul, Mapo-gu, Seoul, and obtained from the victim.

The lower court determined that the facts charged of this case are the facts charged.