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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not publicly indicate false facts, and there is no fact that the Defendant interfered with his duties by advertising a plaque.
B. The punishment of the lower judgment that was unfair in sentencing (2 million won) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and investigated by the lower court, the following circumstances can be acknowledged.
① From the police investigation to the court of the court below, the victim F is a victim’s fraud in the drinking house operated by the Defendant.
In order to reduce the property, the husband has also divorced with the husband.
The deposit received KRW 127 million as a security deposit, and the money was removed by fraud.
Specificly, the purport of “” is consistently stated.
2. F is on the day of the instant case that “the Defendant will not come up at the Defendant’s will.”
“The content of the report was 112 reported, and the police officer dispatched to the site “the Defendant sought and expressed his/her own desire.”
“The Defendant made a statement to the effect that it was “,” and the Defendant has received money from police officers at the time.
“The statement was made to the effect that it was “.”
③ At the time of committing the instant crime, E and customers, who are F’s will at the time of committing the instant crime, were in a situation in which the Defendant was able to listen to all of the people in the drinking house, because the size of the drinking house was not large.
④ F did not have been divorced with her husband, and F was subject to a disposition by the prosecution as to the charge of fraud for which the defendant is in question.
In full view of the above circumstances, it can be recognized that the defendant defames F by openly pointing out false facts, and this part of the defendant's assertion of mistake is without merit.
B. Part 1 of the facts charged pertaining to this part of the charges: (a) the Defendant, from around April 8, 2014 to around 22:00, 23:45, she took a bath at the drinking house operated by F and scambling, etc.; and (b) the Defendant, as a result, abandoned customers.