The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The Defendant did not enter into a false lease contract with D, but paid an amount equivalent to the loans that the victim received from the victim to I, the original lessee.

B. The lower court’s imprisonment (two years of imprisonment) against the Defendant is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to the records, the defendant was sentenced to imprisonment with prison labor for 4 months and for 2 years of suspended execution at the Seoul Western District Court on June 19, 2019, and such judgment became final and conclusive on June 27, 2019.

Since the crime of fraud, etc. and the crime of violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. which became final and conclusive in the judgment below against the defendant is a concurrent crime under the latter part of Article 37 of the Criminal Act, the punishment for fraud, etc. shall be imposed in consideration of equity with the case where it is judged at the same time under the former part of

Therefore, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court.

3. The lower court acknowledged the following facts or circumstances based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts and misapprehension of the legal doctrine, namely, D’s moving-in report on the instant real estate on February 22, 2016, and the Defendant made a false statement to D around March 2, 2018, on the following grounds: (a) around March 2, 2018, after the loan was carried out, that D’s moving-in report was made to a different place as a matter of giving birth to his/her father, and (b) the Defendant made a false statement

(2) Around March 6, 2018, the Defendant established the right to collateral security on the instant real estate, and (3) the Defendant.