A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a member or auditor of the "Dive Association" (E) established by the parent C as the president (E) and a non-corporate foundation and representative F).

On October 25, 2009, the Defendant entered into a lease agreement on the G cafeteria in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, with the victim H, or the Ulsan-gu Association D's D's D', stating "C representatives of Ulsan-gu and D's D's D's Association" in the lessor column of the contract as if it could be leased the above house to the victim at will.

However, on May 28, 2008, the Ulsan District Court sentenced the defendant's mother C to confirm that the resolution that the resolution that the defendant's mother C is invalid has already been declared to be invalid. At the time of the contract with the victim, the defendant was aware that C was not qualified as the representative of the D DD branch, and the DD branch was the F, the legal nature of the right to manage the property as the non-corporate foundation, and the member of the DD branch including the defendant did not have the right to assist the representative or to monitor the illegality of the representative, but did not have the right to manage the DD branch house or to lease it to another person.

The Defendant entered into a lease agreement with the victim and received KRW 20 million from the victim, namely, in the name of the lease deposit.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. The lease contract;

1. Each judgment;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (a) reflects the error of the defendant, there is no criminal power, and the victim does not want the punishment against the defendant by paying the damage, and the circumstances of the crime are not considered).