사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. According to the summary of the grounds of appeal (misunderstanding of the facts and misapprehension of the legal principle), the Defendant, even though he did not have the intent or ability to return the leased deposit of the victim, shall return it at any time if the victim wishes to do so.
It can be fully recognized by deceiving the fact that the lease deposit of this case was obtained from 25 million won by deceiving it.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted the instant facts charged.
2. The summary of the facts charged in the instant case is as follows: (a) the Defendant: (b) was a person who holds 33% shares in, and around September 16, 2013, in, Seo-gu, Seo-gu, Seocheon-gu C501 Real Estate (hereinafter “the instant real estate”); (c) the victim E, who believed and well followed the Defendant of Pyeongtaek-si, who believed and complied with the Defendant, changed the lease deposit amount of KRW 25 million to the victim E, “The instant real estate was located in the house and leased the house inside the house. As such, as a commercial building was located on the lower floor of the instant real estate building, the Defendant will help see the beauty room.
D, as much as D, you want to live, and if you live at the house, you will return the deposit immediately.
In addition, there is a commercial building in the ceiling, and the real estate in this case also causes the belief of the building in the whole area.
“The phrase “ was false.”
However, on October 5, 2012, the Defendant owned only 1/30 shares of the instant real estate, and the instant real estate was established with a maximum amount of KRW 143 million equivalent to the claim amounting to 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).