The judgment below

The part of the compensation order shall be revoked.

A request for compensation order of this case.

A. In light of the fact that the Defendant entered into the instant lease contract with the victim, the market price at the time of the instant building reaches KRW 1.60,000,00,000,000,000,000 for the Defendant’s debt owed to community credit cooperatives, and KRW 38,000,000,000 for senior lease deposit, etc., even if the Defendant entered into the said lease contract with the victim, it is difficult to view that the Defendant had the intent of deception because he could sufficiently repay the Defendant’s debt, including the Defendant’s debt owed to the victim. Furthermore, at the time of entering into the instant lease contract, the Defendant was constructing a studio building located in the Defendant’s wife at the time of the signing of the instant lease contract, but at the time of disposing of the said studio building, approximately KRW 400,000,00,000 for the Defendant to return the deposit money to the victim.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud to determine the mistake of facts, is to be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial history before and after the crime, the environment, the content of the crime, the process of transaction execution, etc. insofar as the Defendant does not confession. The intent of the crime is sufficient, not

(See Supreme Court Decision 2007Do9790 Decided December 28, 2007, etc.). In relation to the instant case, the Defendant presented explanatory materials to the effect that the market price of the land and the building in the Cheongju-gu, Chungcheongnam-gu, the Defendant was KRW 473,916,500, which was newly constructed under the Defendant’s Defendant’s Defendant’s wife H at the time of the instant lease agreement, was KRW 473,916,500. Meanwhile, the said real estate is the mortgagee of the right to collateral security at the time of the instant lease agreement, and the maximum debt amount is KRW 350,00,000.