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The defendant's appeal is dismissed.
An applicant for compensation shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, misunderstanding 1) The fact that the Defendant did not pay monthly rent is due to the occurrence of a legal dispute between a lessor and a complainant, which could not be known to anyone who is the monthly rent. The Defendant had the intent and ability to pay the monthly rent at the time of leasing the instant office.
2) Even if the lessee of the instant office is found guilty against the Defendant, since the lessee of the instant office is not a corporate “J” corporation, the victim is not only a representative director but also a corporate “corporate G” corporation, which is not a corporate representative director, and the amount of damage is not only 6.6 million won but also 4.84 million won [=(the value added at KRW 1.1 million per month following the agreement) x 4 months];
3) Therefore, the judgment of the court below which found all of the facts charged of this case guilty is erroneous or erroneous in understanding the legal principles as to fraud.
B. Even if the sentencing is found to be guilty against the illegal defendant, the sentence of the lower court (one million won in penalty) is too unreasonable.
2. Determination
A. 1) According to the evidence duly admitted and examined by the court below, it can be sufficiently recognized that the defendant did not have the intent or ability to pay monthly rent at the time of leasing the office of this case.
2) We examine the acquired money.
If a lessee enters into a lease contract by deceiving a lessor without intent or ability to pay monthly rent, the amount of profit acquired by the lessee shall be calculated based on the objective profit (the objective value of use of the leased object) acquired by the lessee by refusing to perform his/her duty stipulated in the contract, i.e., the profit acquired by the lessee, i.e., the lessee’s refusal to use and benefit from the leased object, i.e., the objective profit (the value of use of the leased object), and the market price shall be KRW 50,000,000,000