The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Summary of Reasons for appeal

A. Fact-misunderstanding 1) The Defendant, who did not have a deceptive act, leased the cel to the victim while leasing the cel to the victim, and leased the cel to the victim. Of the remodeling construction cost of KRW 700 million, the Defendant’s side determined only the amount of construction cost to be borne by the victim, and KRW 500 million as the amount to be borne by the damaged party, and did not specifically determined as to “the amount to be borne by the cost of construction cost” and “the amount to be borne by the victim

The court below decided to commence remodeling works by bearing the expenses of KRW 200,000 for the initial cost of the construction.

The fact that the decision was made is a mistake.

2) At the time of conclusion of a lease agreement by deception, the Defendant had an intention to perform remodeling construction work with the Defendant’s burden of KRW 200 million out of the remodeling construction cost of KRW 700 million, and such ability was also sufficient.

The court below found that the defendant did not have such intention or ability.

The decision is due to the misunderstanding of the fact about the criminal intent of defraudation.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

Judgment on the Reasons for Appeal

A. 1) In full view of the circumstances at the time of the sale, the lower court: (a) comprehensively taken account of the circumstances at the time of the purchase, obtained the Defendant’s deception by deceiving the victim as if the Defendant would have had the victim start the remodeling work, and obtained the money from the victim as the deposit money, even though the Defendant did not have the intent or ability to have the Defendant start the remodeling work, the initial cost of KRW 200,000,000,000,000,000,000 won

Based on the judgment, the defendant was convicted.

2) Comprehensively taking account of the following facts and circumstances acknowledged by the lower court and the court’s duly adopted and examined evidence, the lower court’s aforementioned determination and measures are fully acceptable, and the existence of deception exists or not.