사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant had no criminal intent to mislead the victim or to take money by deception. Nevertheless, the lower court erred by misapprehending the facts charged of this case or by misapprehending the legal principles on deception, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended execution, one hundred hours of community service, etc.) is too unreasonable.
2. Determination:
A. (1) According to the evidence duly adopted and examined by the lower court, the following facts are acknowledged. (A) The lease system of an existing house is a system where the Korea Land and Housing Corporation concluded a lease agreement with the owner of the existing house as a lessee, and leases it to the low-income occupant, so that the low-income class in the downtown can reside with the current income in the current living zone.
B) The Defendant, around October 15, 201, as to D Apartment 114 704, Dong-gu, Incheon Metropolitan City around October 14, 201, as the lessor, the Victim F of the Korea Land and Housing Corporation as the lessee; the Defendant as the occupant; the occupant of the Korea Land and Housing Corporation; the remainder of KRW 66,50,000 (subsidies) out of KRW 100,000,000 out of KRW 100,000,000 of the key money for lease; the lessee of the Korea Land and Housing Corporation is the Korea Land and Housing Corporation; and the lease period is from November 14, 201 to November 13, 2013 (hereinafter “instant lease contract”).
(C) According to the lease agreement of this case, if the contract is terminated, the lessor shall return the full amount of the deposit money (including the tenant’s share) to the Korea Land and Housing Corporation as the lessee by depositing the deposit money into the lessee’s bank account. However, only if the Korea Land and Housing Corporation as the lessee consents, the lessee may return all or part of the deposit money directly to the occupant.