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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The prosecutor in the process of a lawsuit brought a public prosecution against the defendant as Seoul Central District Court Decision 201Da1674, which sentenced the defendant to a fine of KRW 5 million on the above facts charged, and the defendant appealed on the ground of mistake of facts or misapprehension of legal principles, and the judgment dismissing the defendant's appeal before remanding the case was sentenced, and the defendant appealed.
The Supreme Court reversed the judgment of the party before the remand and remanded it to this court.
2. The summary of the grounds for appeal is that the Defendant merely received KRW 20 million from the victim for the purpose of installing a screen golf course by hearing that he would make advance payment of some of the unpaid management expenses and delivered it to the victim for the advance payment, and there is no deception by the victim as stated in the facts charged. The victim could offset the prepaid management expenses by the management expenses to be paid after the date of commencement of the screen golf course business, so it is difficult to deem that he suffered property loss. The Defendant did not have any intention to acquire it because he had an intention to refund the difference after settling the difference with the funds invested by the Defendant for the business of a screen golf course.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the
3. Determination
A. The summary of the facts charged of this case was around March 9, 2009, when the Defendant was entrusted with the operation and management rights of the building from E, the owner of the theater located in the sixth floor of the Dongjak-gu Seoul Metropolitan Government C building, and was in possession of it. Around December 29, 2009, the Defendant agreed to operate a screen golf course with F and the victim G by being awarded a successful bid for the said theater, and agreed to operate a screen golf course with the Defendant, and was preparing for the construction of removing the chairs of the theater from early January 2010.
On June 7, 2010, the Defendant is a six-story theater of the Dongjak-gu Seoul Metropolitan Government C Building.