절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. The summary of the grounds for appeal does not have grounds to regard Paragraph (5) of the instant special agreement as the automatic termination clause, and even if the victim is responsible for the termination of the contract, the right transfer contract cannot be deemed to have been automatically rescinded, and the right transfer contract was rescinded after the instant case in the relevant civil judgment. As such, the ownership of the instant goods was owned by the victim
Nevertheless, the court below found the Defendant not guilty of all the charges of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination:
A. A. An ex officio determination prosecutor has reached the trial for the first time, and maintained the previous facts charged and applied for an amendment to a bill of amendment to the indictment, which adds "Article 323, 37, and 38 of the Criminal Act" to the preliminary applicable provisions, and "Article 323, 37, and 38 of the Criminal Act" to the following facts charged as the preliminary charges, and since this court permitted this, the judgment of the court below is no longer maintained.
B. The judgment of the court below on the assertion of mistake of mistake has the above reasons for ex officio reversal.
Even if the prosecutor's argument of misconception of facts about the primary facts is still subject to the judgment of this court, it is examined.
1) The summary of the facts charged in the primary charge [the Defendant: (a) agreed on May 11, 201 with the victim E to hold office in a monthly rent of KRW 4,300,000,000 for the first floor of the Seocho-gu Seoul Building and operate an indoor golf driving range by setting the monthly rent of KRW 5,360,000; (b) the Defendant entered into a contract on the transfer of the right, except for the right to return the lease deposit; and (c) all the ownership of the house in the golf driving range, in a lump sum of KRW 185,00,000,000,000,000 won; and (d) the victim paid the above amount in full, from June 1, 2011 to the above.