The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. misunderstanding the facts and misapprehension of the legal principles, ① the Defendant stated that the victim cannot engage in private gambling in the instant building on the day before entering into a lease agreement (hereinafter “instant lease agreement”) with respect to the building for the management of fish farms located on the ground of Gyeonggi-gun H (hereinafter “the instant building”), which is located on the ground of the victim and Gyeonggi-gun, and ② even if the Defendant is able to engage in private gambling in the instant building, the Defendant was able to do so on the part of the victim.

False Horse

Even if the victim knew that he was unable to engage in the private food business in the instant building on or around May 2013, the victim paid rent to around June 2013, the victim did not engage in the private food business after moving into the instant building; the victim was sentenced to a fine for violation of the Food Sanitation Act in the course of operating a general restaurant in the instant building without reporting on or around August 2013; the victim did not take measures such as cancelling the instant contract on the ground that he was subject to the Food Sanitation Act, but did not take measures such as cancelling the contract on the ground that he was aware of the violation of the Food Sanitation Act, and only requested the defendant to supplement the defect of the facility. In light of the above fact, there was no relationship between the Defendant’s deception and the payment that the victim concluded the instant lease agreement and paid the lease deposit and the rent, and ③ there was an intentional intent to acquire the above illegally acquired money by the Defendant to return the lease deposit to the leased object more than the lease deposit.

subsection (b) of this section.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, the Defendant’s statement is inconsistent, such as contradictory to facts or changes depending on circumstances, while the victim’s statement is specific and consistent.