A defendant shall be punished by imprisonment with prison labor for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. misunderstanding of facts and misapprehension of legal principles, the Defendant said that the victim and the broker did not have all the facilities installed in the instant singing, and that the victim received KRW 40 million from the injured party under the pretext of transfer of goodwill, not in the name of facility cost, and thus, did not deceiving the victim.

In addition, one victim has concluded a contract with the knowledge that there is almost little economic value of the office facilities installed in the instant singing, and there is no relation between deception and disposal.

Although the court below did not so, the defendant by deceiving the victim, thereby deceiving 40 million won.

As such, the court below erred by misapprehending the legal principles and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended execution, and community service order) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of misunderstanding of facts and legal principles, the defendant deceivings the victim and acquired 40 million won by deceiving the victim.

The judgment of the court below is just, and there are no errors by misapprehending the facts alleged by the defendant or by misapprehending the legal principles.

① The Defendant and the victim written on November 12, 2015 stated the “transfer product” column of the instant singinginging contract as “all rights, such as house facilities,” and the “special terms and conditions” column as “a contract for transfer of rights in the present state (such as facilities, etc.)” respectively.

② The victim argued from the investigative agency to the court of the court below that “the Plaintiff acquired the instant singing from the Defendant, including all goods, such as singing machines,” and even L/C brokered on the Defendant’s side to transfer the right to singing in this case, is also the ownership of the instant singing room from the Defendant at the investigative agency.