Of them, the part against Defendant A shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and five months.

except that this shall not apply.

A. In this part of the facts charged by the misapprehension of the legal principles (as to fraud), the Defendant stated that the Defendant’s deception stated that “If the Defendant did not settle the penalty surcharge due to the sale of similar petroleum in this case (hereinafter “the penalty surcharge in this case”), he could not receive the refund of the lease deposit, but did not notify the victim thereof.” However, the name of the lessee was entered into as joint Defendant B in the judgment of the court below as shown in the facts charged.

According to a lease agreement entered into between the victim and I (hereinafter “instant lease agreement”) with respect to the gas station (hereinafter “gas station”) (hereinafter “instant gas station”), if the lessee is liable for the imposition of the penalty surcharge, the lessee shall bear the burden, and the lessor shall not be able to refuse the payment of the lease deposit until the lessee fails to resolve the burden, and the return of the lease deposit may not be permanently refused. Thus, the aforementioned facts charged do not coincide with the facts.

In addition, the final burden of the penalty surcharge of this case under the lease contract of this case is the defendant, and the defendant does not change the name of the lease contract in order to avoid the payment of the penalty surcharge of this case, but has changed the name of the lease contract with the intent to minimize damage by continuously running the business without cancelling the lease contract.

shall not be deemed to exist.

Even if the intent of deception and deception by the Defendant is recognized, the Defendant was returned only KRW 125 million after deducting the penalty surcharge of this case from the amount of KRW 75 million, out of the leased deposit 200 million from the damaged party. Ultimately, since no property damage has occurred to the victim, fraud is not established.

B. The punishment sentenced by the lower court (one year and five months of imprisonment) is too unreasonable.

2.