The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Summary of Grounds for Appeal

In transferring the reading room of this case to the victim, the Defendant only included sales in the reading room management program in the course of explaining the program to the victim without any operation of the computer program or explanation of the program, and did not intentionally input sales. There was no false notification to the victim as to the sales of the reading room of this case.

In addition, the owner E of the building in the reading room of this case reversed the plan that tried to change the above building into studio, as well as the victim was well aware of it at the time of the contract for the transfer of the above reading room, and thus, the defendant did not deceiving the victim in relation to the transfer of the reading room of this case

Judgment

A. A. Around August 28, 2011, the summary of the facts charged in the instant case revealed the victim D’s daily sales receipt and disbursement program stored in the computer of the reading room, stating that “The Defendant, at the reading room located in Busan Seo-gu, is too well in operation of the reading room, inputs sales of KRW 6 million from KRW 500,000 to KRW 6 million in one month, and the actual profits from the internal payment would exceed KRW 3.5 million.”

However, in fact, the daily sales revenue and expenditure program prepared by the defendant stated as if the student who does not attend the reading room attends the reading room and the actual monthly sales are less than KRW 2,00,000,000. On August 201, E, the owner of the building in which the above reading room was located, referred to as a plan to change the above reading room to the defendant's studio around August 201, and even if the victim takes over the reading room, it was impossible to operate the normal reading room or make monthly sales notified by the defendant.

Nevertheless, the Defendant entered into a contract with the victim to take over the reading room with the victim by making such false statement as above, and the Defendant entered into a contract with the Busan Bank deposit account around August 31, 201, and the Defendant.