A. The prosecutor (not guilty part) ordered the victim to take property disposition to transfer public charges, debts, etc. incurred by the defendant in the name of the victim, by deceiving the victim, such as the victim’s statement that he/she would have paid his/her public charges, etc. to the same purport, and the victim’s demand that he/she be informed.

Nevertheless, the judgment of the court below that found the defendant not guilty on the charge of deception and causation is erroneous in the misapprehension of legal principles and mistake of mistake.

(1) The prosecutor alleged unfair sentencing on the date of the first trial of the trial, but the petition of appeal and the statement of grounds of appeal submitted within the period for submission of the grounds of appeal contain only mistake of facts and misapprehension of legal principles as the grounds for appeal. Therefore, the prosecutor’s appeal cannot be determined

Defendant 1) misunderstanding of facts and misunderstanding of legal principles do not explicitly express the intent of not extending the term of lease to the Defendant, and rather, the Defendant has continuously recommended the Defendant to operate the C restaurant in his own building. Even if so, the Defendant could not have anticipated that E would refuse to renew the lease contract in light of the circumstances leading up to the conclusion of the lease contract several times with E, and thus, the Defendant would not have anticipated that E would refuse to renew the lease contract. Therefore, the Defendant would have to transfer the right to operate the C restaurant operation to the victim on the premise that the lease contract will be renewed, and would have received the premium from the victim. Therefore, the Defendant is not a defrauded, but did not have an intention to do so. 2) The lower court’s sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, and eight hours of community service order) of the lower

2. Determination

A. As to the prosecutor’s grounds for appeal, the summary of the facts charged in this part of the charges is in C restaurant operated by the Defendant in Chuncheon City, July 10, 2017.