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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The court below erred by rejecting the credibility of the statement of the victim of this case and misunderstanding the fact that the defendant has no criminal intent to acquire by deceit.
2. The following facts charged are examined ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio, and the prosecutor raised the case at the trial.
3.(a)
The judgment of the court below is no longer able to maintain it in this respect because it applied for changes in the contents as stated in the same paragraph, and this court permitted changes in the contents of the judgment.
However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court, and this is examined below, even if there are such reasons for ex officio reversal.
3. Judgment on the prosecutor's assertion of mistake of facts
A. Around April 2010, the summary of the facts charged in the instant case entered into a sublease contract with the victim D to use the site and building of the instant factory as a deposit amount of KRW 10 million, monthly rent of KRW 1 million, and two years (from April 13, 2010 to April 12, 2012) at a factory managed by the Defendant C at the time of harmony.
However, the president E, who operated the above factory on March 21, 2005, leased the site from the owner F of the above site, but around 2007, the defendant escaped due to the failure to pay the factory, and the defendant used the factory with the F's permission under the pretext that he would pay the smuggling rent while running the above factory.
However, the Defendant was unable to pay employee wages due to the difficulties in the operation of the factory, and the continuous payment of rent was equivalent to 26 million won, and the amount of various public charges sealed is equivalent to 7 million won, and it was inevitable to drive away from the above site at any time, and there was no consent from F, a lessor, to sub-leases.
Nevertheless, the defendant did not notify the victim of this fact.