Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

A. Since the Defendant, a lessor, obtained the consent or approval of H, sub-leases the instant building to D, the Defendant does not belong to the victim.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant, at the Seoul Central District Court on November 20, 2012, sentenced 1.2 years and 1.520,000 won to imprisonment with prison labor for the crime of violating the Act on the Control of Narcotics, etc., and dismissed the appeal, and the judgment became final on January 16, 2013 became final and conclusive. As such, the above crime of violating the Act on the Control of Narcotics, etc. (fence) and the instant crime of fraud are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt the punishment, the lower court, which did not take such measures, became unable to maintain any further.

However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake is still subject to the judgment of this court.

3. The following facts acknowledged by the court below's legitimately adopted and investigated evidence of the assertion of mistake of facts: ① at the time of sub-lease, the defendant bears the obligation of several million won, such as the guaranteed balance, monthly rent, etc., which is unpaid to H, which is the owner of the building; ② the terms and conditions between the defendant and H cause three million won, monthly rent, and three million won, which are the terms and conditions of lease between the defendant and H; ③ the defendant subleases the security deposit with the deposit amount of KRW 12 million, monthly rent of KRW 3 million; ③ The defendant did not pay the deposit amount of KRW 7 million,000,000,000,000 from the deposit amount of KRW 4,000,000,000,000 to H around August 5, 2008.