The judgment below

The guilty part (including the part not guilty) shall be reversed.

A defendant shall be punished by imprisonment for two years.

(b).

1. Summary of grounds for appeal;

A. Defendant (guilty in the judgment of the court below) 1 is erroneous in the misapprehension of facts as to the guilty part of the judgment below, which affected the conclusion of the judgment.

A) The case No. 6143 of the 2013 Highest 6143 (the fraud against the victim B) concluded an operation and management entrustment contract with the several parties of the 6th floor of the C building (hereinafter “D”) on behalf of the Co., Ltd. D (hereinafter “D”), and the period to which the Defendant was entrusted with the management of the lease is more than 12 months, not more than 5 years, and the entire number of the 6th floor and the operation and management entrustment contract was concluded, and the contents of the contract may entrust the operation and management to the specialized management company. Therefore, the Defendant and D have the authority to re- delegate the operation and management authority for the entire 6th floor to a third party.

In addition, at the time of the conclusion of the instant lease agreement with regard to the entire six floors, the victim B was still aware of the fact that the construction is still in progress on the sixth floor, and the circumstances that D is obliged to pay 450,000 won monthly to the two parties on the sixth floor do not have any relationship with the victim B. Therefore, there was no problem with the victim B in leasing and managing the whole six floors under the instant lease agreement.

In addition, G entered into a lease contract with the defendant for the purpose of transferring the right of lease after receiving the premium to a third party on a fake basis, and after concluding the instant lease contract with the victim B according to the plan, G received the premium after concluding the lease contract with the victim B.

Therefore, the defendant deceptioned the victim B or conspiredd with G to commit the crime.

shall not be deemed to exist.

B) There was no fact that the Defendant concluded a sales contract and an operation and management entrustment contract with the victims who are the six-storys of the six-storys on behalf of D and concluded a sales contract and an operation and management entrustment contract on behalf of the victims of the six-storys.

In addition, for the sixth floor, 120 units out of the total 138 units are sold.