The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) is that the Defendant did not deceiving the victim with regard to monthly sales, profit-making, etc. while transferring a camera as stated in the facts charged (hereinafter “the instant camera”) to the victim, and there was no intention to defraud the Defendant.

2. Determination

A. The summary of the instant facts charged is that the Defendant, from March 2014 to March 3, 2014, operated a “D” coffee shop on the third floor of the building located in Seodaemun-gu Seoul Metropolitan Government with B.

The Defendant operated the said coffee shop for about two years, but the monthly average sales of the said coffee shop was merely about KRW 6,070,000,000,000 per month, while the expenses paid every month exceed the average of KRW 6,00,000 per month, and thus, even if operating the said coffee shop, it was in fact impossible to make profits or rather deemed losses.

When the defendant continues to operate the above coffee shop, there was a high possibility of increasing damages only, and there was no way to recover the money paid at the facility investment cost if it closes the shop as it was, so the defendant was able to receive the premium and to transfer the above coffee shop in return for paying the premium.

Accordingly, around February 2016, the Defendant made a false statement to the victim E, who was a part of the coffee set up in the Seoul Special Metropolitan City Gwanak-gu Seoul Special Metropolitan City Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City E”), stating that “The monthly average sales are approximately KRW 10,000,000,000 per month to operate the coffee set at the Seoul Seo-gu Seoul Special Metropolitan City Special Metropolitan City Special Metropolitan City F, and that it can sufficiently increase sales to approximately KRW 8,00,000,000 per the first operation of the coffee set up. Therefore, even if he/she employs employees, he/she may enjoy profits of KRW 2,00,00 per month, and if there is no money, he/she would transfer the coffee set at KRW 70,000,000 per week with loans from micro enterprises.”

However, in fact, the coffee shop operated by the defendant was in the situation of raising profits, and in the case of coffee shop, sales depends on the location.