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The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
Reasons
1. Grounds for appeal;
A. Of the facts charged in the instant case, although the Defendant did not notify the victim of the fact that the process of voluntary auction on the instant building was in progress, the victim was fully aware of the fact after receiving the register of real estate register, and the victim was to be taken over from the former lessee D, the Defendant is obliged to return the deposit received by entering into a new lease contract with the victim at the request of D and the victim again to D as they are. As such, the Defendant did not have any profit by a lease contract with the victim, and the Defendant asked the victim, the head of the Auction Association, the Defendant, “the Defendant, who was the head of the auction Association, asked the victim of whether he would enter into a lease contract after confirming the fact that the amount of the deposit has a big amount of the deposit,” and sent text messages to the victim, who did not receive the balance of the deposit, that the Defendant did not have any intention to obtain
B. The lower court’s sentence of unreasonable sentencing (the imprisonment for six months, the suspension of execution for two years, and the community service order of 120 hours) is too unreasonable.
2. Determination as to the fraud among the facts charged in the instant case
A. The Defendant, while entering into a lease agreement with the victim on April 12, 2016, concluded a lease agreement on the instant building with the third party with respect to which the instant building had been subject to voluntary decision on commencement of auction on April 12, 2016, in order to obtain a lease deposit by concealing such fact and concluding a lease agreement with the victim.
On February 14, 2017, the Defendant entered into a lease agreement with the third party of the instant building with the victim and the third party of the instant building for the lease deposit amounting to KRW 50 million, monthly rent of KRW 2 million, and two-year lease agreement with the third party of the instant building, and did not notify the fact that an auction is being conducted on the instant building.