The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. In the event of a mistake of facts, the Defendant: (a) leased a commercial building under a plan to pay rent and management expenses due to business profits; (b) did not make it difficult for the Defendant to conduct the business; and (c) did not borrow a commercial building without the intention or ability to pay rent and management expenses

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Around January 20, 2014, the Defendant entered into a commercial lease agreement with the complainant, stating that “A commercial lease agreement shall be paid up to the end of March for the lease deposit of KRW 30,000,000,000 to the owner of the building who leased the No. 402 at the upper end, and a monthly rent of KRW 1320,000 on the 20th day of each month and monthly management expenses shall also be attached.” In addition, from June 2013 to December 2013, the Defendant concluded a commercial lease agreement with the complainant, stating that “A commercial lease agreement shall be paid to the owner of the building at the upper end.”

However, at the time, the defendant did not have any particular property or income due to bad credit standing, and even if the above commercial building was leased, the defendant did not have the intent or ability to pay the rental deposit, monthly rent, and management expenses.

As above, the Defendant, by deceiving the complainant from January 20, 2014 to October 20, 2014, acquired the pecuniary benefits of the amount equivalent to the rent for the lease of the commercial building from around January 20, 2014 to around October 20, 2014 (the rent of KRW 6,310,890 for nine months).

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the evidence presented in the lower judgment.

C. We examine the defendant's assertion of mistake of facts in the judgment of the court.

According to the evidence duly adopted and examined by the court below and the court below, the defendant was in a bad credit position at the time of leasing a commercial building from the complainant, and the fact that the defendant did not notify the complainant of such circumstance at the time of the contract.