The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Summary of Reasons for appeal

A. The Defendant, as stated in the facts charged, did not know by deceiving the victim as a security deposit, thereby deceiving the victim with 25 million won, and affixed his name seal without permission of the victim G, thereby forging the monthly rent contract and not exercising it.

Nevertheless, the judgment of the court below which found the defendant guilty of fraud, fabrication of private documents, and perjury in the above investigation document is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. An ex officio determination based on the permission to change the indictment was made in the first instance, and there was a false statement to the effect that, in relation to the deception of fraud, the owner of an apartment was delegated the authority to lease KRW 30 million and KRW 400,000,00 from the owner of the apartment, the deposit will be delivered to the owner on the surface of the building and the lease contract will be concluded.

“The part” appears to be a clerical error in the “Lease Building Lease” from the owner of the apartment.

was delegated with any other authority.

The change was made to the effect that a lease contract is to be concluded at KRW 30 million and KRW 400,000,000,000,000, and this court permitted the change to the difference of the deposit that the victim received from the victim “on the money without intent or ability to return the deposit to the victim after the expiration of the lease term.”

As the subject of judgment was changed, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act and it is again decided as follows.

[Judgment of the court below]

1. The Defendant is entitled to enter into the above apartment lease agreement with the owner D in each subparagraph of the apartment building B in Ansan-si.