beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence presented by the prosecutor, the judgment of the court below which acquitted the charged facts of this case on a different premise is erroneous in the misunderstanding of facts, even if the defendant was found to have failed to have the intent or ability to pay the lease deposit and the rent at the time of concluding the lease contract.
2. Determination
A. On January 6, 2017, the summary of the facts charged in this case is as follows: “Around 200 million won, monthly rent of KRW 13 million, unpaid rent of the former lessee, KRW 36.6 million, shall be paid in installments for 11 months, and the contract date” to the employees C at the office of the victim-victim in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, for 2 years from January 1, 2017 to December 31, 2018, for 2 years from January 1, 2017 to December 31, 2018.
1. 20,000 won for 50,000 won for the same year; and
2. To pay 150 million won as security deposit until December 28, 200.
"Falsely speaking, the above store was taken over from the victim who believed it, and operated the restaurant.
However, the defendant did not have the intention or ability to pay the above rental deposit or monthly rent.
Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 14 million, which is equivalent to the profits from the use of the above restaurant from around the end of August 2017.
B. Based on the evidence duly adopted and examined by the lower court, the lower court determined that: (a) on March 24, 2014, G leased the lease deposit of KRW 300 million, monthly rent of KRW 18 million, and the lease term from April 30, 2014 to April 29, 2019; (b) G used the instant store with the trade name “F” with the air conditioners and the water supply rate of KRW 300,000,000,000,000,000,000,000 from the victim company; and (c) thereafter, G used the restaurant with the air conditioners and the water supply rate of KRW 30,00,000,000,000,000,000,000,000,000,000,000,000.