Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall not be paid by the defendant.

A. Of the facts charged in this case of mistake of facts, the defendant prepared a false lease contract under the understanding of the above victims for the purpose of pressure on the F, which was a dispute over the issue of transfer of ownership of D, not the actual lease contract with the above victims, and even though there was no actual deception of the above victims or the fact that the property was received from them, the court below found the defendant guilty on this part. It erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentencing (fine 20 million won) is too unreasonable.

2. Determination - Judgment of mistake of fact

A. A. Around February 17, 2012, the summary of the facts charged: (1) the Defendant, at the E office around February 17, 2012, stated that “The 1st floor of the building located in Ulsan-gu G, Ulsan-gu, Seoul-gu, would be leased KRW 50 million, monthly rent of KRW 12 million.”

The Defendant concluded a real estate lease agreement with the victim on the same day as that of the victim, and received KRW 50 million from the victim as the rental deposit.

However, at the time, the defendant was registered as D representative director by making a false registration of change of a corporation by manipulating various documents, such as the list of shareholders, and even if the D representative director receives a security deposit from the victim, the victim did not have the intention or ability to lease the first floor of the above building normally.

Accordingly, the defendant was given property from the victim by deceiving the victim.

(2) On March 2012, 2012, the Defendant against T is the second floor of the building located in Ulsan-gu G, Ulsan-gu, which is owned by D, by pretending the victim T in the E office to be the representative director.