A. In fact, the Defendant, as a lessee of the instant singing room, was in the position to transfer the right of lease to the victim and receive the premium, and obtained prior consent from the lessor. In fact, the Defendant had the intent to obtain the premium from the victim because he had the intent to transfer the right of lease to the victim and had the ability to do so.

subsection (b) of this section.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

B. The punishment of the lower court (five months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances duly admitted and examined by the court below regarding the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant would transfer the Plaintiff’s interior facilities and equipment to the victim by taking account of the evidence duly admitted and examined.

It can be recognized that a person who is a member of damage and has acquired 25 million won as a premium.

Therefore, the defendant's above assertion is without merit.

(1) The premium is an aspect of the value of intangible property, such as the location of the store, and it seems that some equipment, such as signboards and computers, installed by the Defendant, are included in the instant singing facilities. However, the premium includes not only the above intangible property value but also the price for the tangible singing facilities equipment.

The term "the musical facilities of the instant singing room" have been installed by the lessor in the amount of KRW 170 million.

(2) In the Defendant India Investigative Agency, the lessor recognized that the lessor had installed the interior facility in an amount equivalent to KRW 170 million.

(3) At the time of entering into the instant contract for the transfer of the right of lease, the Defendant: (a) told the lessor of the fact that the lessor took the test.

On the other hand, the victim stated.