사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
While the gist of the grounds for appeal by the defense counsel (deficior) was known to the Defendant, G that concluded the exclusive broadband contract with the Defendant regarding the “Ewa Holdings” located in the building of the Gu (hereinafter “instant database”) was requested by the Defendant to terminate the contract and return the deposit, but the Defendant himself/herself did not respond to the request by the Defendant. On August 19, 2013, G signed the exclusive broadband contract prepared in advance with the victim F and sent the deposit KRW 20 million paid by F to G from that place.
At the time, the Defendant did not pay KRW 180,000,000,000 for the loan of this case, but since the lease deposit of this case was KRW 560,000,000,000,000,000 for the premium, the Defendant could fully return the deposit amount of KRW 20,000 to F. Since there was a lessor’s negligence in relation to the lease of this case, it could not be predicted that the lease of this case was subject to a revocation lawsuit from the lessor, the Defendant did not notify the F of the fact of delinquency.
Therefore, the defendant had no intention to acquire the deposit amount of KRW 20 million by deceiving F as stated in the facts charged.
Nevertheless, the lower court erred by misapprehending the facts by finding the Defendant guilty of the facts charged of this case.
Judgment
In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding of facts, the Defendant may recognize the fact that the Defendant, as stated in the facts charged, did not notify the victim of the rent, arrears, and the termination of the lessor’s contract, had the victim normally engage in the business during the contract period, and had the victim normally engage in the business during the contract period, and received the deposit amount of KRW 20 million as if he
In addition, the defendant's request for the delivery of this case from a lessor.