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The judgment of the court below is reversed.
Defendant
A and B shall be punished by imprisonment for ten months.
However, as to Defendant B, this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. The punishment of Defendant A (one year of imprisonment) is too unreasonable.
B. Defendant B (1) misunderstanding of facts or misunderstanding of legal principles that the Defendants concluded a lease agreement with the victims and received a security deposit from them as stated in the judgment of the court below. However, the fact that the Defendants failed to pay the deposit is not a matter to be notified to the victims. In addition, if it is difficult to operate it, the Defendants made efforts to normalize the instant friendship at the time, and the Defendants were able to make a refund of the deposit to the victims by holding office in full, and thus, they cannot be deemed to have committed the crime of fraud against Defendant B.
(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment and two years of suspended execution) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the court below's judgment on the assertion of mistake of facts or misapprehension of legal principles as to Defendant B's assertion of mistake of facts and the evidence duly adopted and investigated by the court below, i.e., ① the Defendants and K leased one floor of the underground floor of the D Building owned by E around December 2008, and began to operate the instant friendship or operation, but after six months have passed thereafter, K did not appear in the instant friendship, and at least was operated by the Defendants. At least in appearance, the lease contract was made on December 1, 2008 by the Defendants. ② The lease contract was made on December 1, 2008. According to the above lease contract, if the Defendants were in arrears for more than two months, the lessor E can terminate the lease contract, and the Defendants shall return the instant friendship or its original status to E by demanding the use of facilities and the right to retention, or exercising the right to retention against E (3) the normal operation records or evidence of this case.