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 judgment of the court below which acquitted the defendant of the facts charged of this case even though the defendant's intention of deception and deception is recognized according to the evidence is difficult to believe that the rent of this case was overdue and the judgment of delivery was pronounced. The judgment of the court below which acquitted the defendant of the facts charged of this case by misunderstanding the facts and affected the conclusion of the judgment.
2. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged in this case is as follows.
(except for the first criminal record of head)
In light of the following circumstances, the lower court found the Defendant not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act, on the ground that it is difficult to deem that there was no reasonable doubt that the Defendant, even though having knowledge of the situation where the Defendant should deliver the instant officetel to the lessor due to the delinquency in the monthly rent, obtained the money of the sub-lease deposit and the money equivalent to the rent without the intention or ability to return the lease deposit.
1) On September 7, 201, the Defendant’s mother of the instant officetel leased KRW 10 million for lease deposit, KRW 1.5 million for monthly rent, and KRW 1.5 million for lease term under the name of the Defendant’s mother, and had the Defendant reside in the instant officetel after setting the lease term as one year. 2) On August 3, 2012, the Defendant: (a) lent the instant officetel to the Defendant on a fixed basis as one million won for sublease deposit, KRW 700,000 for monthly rent, and one month for sublease; and (b) received payment of KRW 1.7 million for the sublease deposit and monthly rent, etc. on August 4, 2012.
3) The rent of the instant officetel has been deposited into the lessor’s account. In addition, the lessor did not request either the Defendant or the Defendant to pay the rent directly, and all the contact was made to H. The lessor did not pay the rent. 4) When the lessor is in arrears, the lessor is the lessor.