The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years, and for one year and two months, respectively.

except that this shall not apply.

1. Summary of grounds for appeal;

A. Defendant A1, including mistake of facts, committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) due to fraudulentation of rent, (i) the victim entered into a lease agreement with D (hereinafter referred to as D) operated by Defendant A for the purpose of performing “Y” musical performances (hereinafter referred to as the “public performance in this case”) at the large theater of F (F). At the time, the victim was aware of the fact that he did not install a stage equipment control device (a) installed at the large theater, which is installed at the stage, and fixed lighting, stage washing, etc.; hereinafter referred to as “the victim”).

Shed Defendant A may repay F’s obligations related to F through a long-term rental agreement, substitute loan, etc. and install an internship, etc. before the performance of the instant case.

In light of the above, the rental contract of this case was concluded and the rent was received, and treatment Marine Construction Co., Ltd., which is F's contractor at the time, could not predict that the F's performance of this case was front of the public performance and the F's entry was prevented, and there was no fact of deceiving the victim with the intention of deception and by deceiving the victim of the rent.

Then, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding the facts and misunderstanding the legal principles.

B) (i) The victim directly consulted with the construction business operator about the installation cost of the instant public performance of the performance in this case, and then proposed a substitute payment for the construction cost to the Defendant A.

Shed Defendant A may repay the borrowed money through a long-term rental agreement, substitute loan, etc.

I think of it and did not pay the construction cost from the damaged person as the installation cost of internship, etc., and do not have the fact of deceiving the victim by deceiving the victim with the intention of defraudation.

Article 2(1).