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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. According to the evidence submitted by the prosecutor's office, the defendant did not intend or have the ability to operate a beauty room and did not pay 50 million won a deposit to D who is an beauty room operator, and the defendant paid 50 million won a deposit to D as a security deposit, and he could be recognized the fact that he received money from C by deceiving C that he would use the money as a partner by withdrawing the lottery ticket of sports earth at the face of money, and by deceiving C that he would use the money as a partner, the court below determined that there was no deception. The court below erred by misapprehending the fact that there was no deception.
2. Prior to the judgment on the grounds for ex officio appeal following the amendment of the indictment, the prosecutor applied for the amendment of the indictment to the effect that the indictment is modified as stated in the attached Form, and the judgment of the court below is no longer maintained as the case was approved by the court.
3. In conclusion, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the ground that there is a ground for ex officio reversal, and it is again decided as follows.
【Discretionary Decision】
1. The summary of the facts charged of this case is as shown in the annexed sheet.
2. According to the facts charged in the instant case, C paid KRW 35 million to the Defendant under the name of the beauty room business partner at the end that the Defendant, who does not have the intent or ability to run the beauty room in the instant case, jointly operated the beauty room. Thus, according to the evidence duly adopted and examined by the lower court, the Defendant was an employee of the beauty room in the instant case. However, even though the cosmetic was operated around December 201, the Defendant was able to open the beauty room in the instant case, and the Defendant was able to take over the beauty room at KRW 10 million in premium and KRW 130 million in deposit to other places.