사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts) was under way in the process of the instant lawsuit for delivery of the building at the time of the instant crime, but there was a dispute over the absence of the duty to deliver the building and there is sufficient possibility of winning the said lawsuit, so that the sports center may be continuously used by the victims.
Trusted.
Therefore, the defendant did not have any intention to commit fraud.
2. The defendant asserted the same purport in the court below's judgment, and the court below acknowledged the defendant's deception and fraud with specific grounds for conviction in the part of "application of statutes" of the court below's judgment.
In addition to the following circumstances recognized by the evidence duly adopted and investigated by the court below's decision, the fact that the defendant deceivings the victims and defrauds the victims and the intention to defraud them may be recognized:
Therefore, the judgment of the court below is just, and the defendant's assertion is without merit.
① On October 2014, the Defendant was notified by the owner of the building of the termination of the lease on the ground that the rent was overdue, and the Defendant filed a lawsuit for delivery of the building around November 2014.
(2) According to the lease agreement entered into with the building owner, the contract may be terminated if the rent, etc. is overdue for at least two months.
set forth.
On October 2014, rent and management fee in arrears exceeded 350 million won.
③ On October 2015, when committing the instant crime, the sum of rents and management expenses unpaid by the Defendant exceeded KRW 4.5 million.5 million.
④ Even if the Defendant operating a sports center does not need to notify all details of the conditions of the operation of the sports center to a customer who intends to join the sports center as a member, the fact that the lease contract of the sports center is terminated, but the said contract is pending against the owner of the building.