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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal is that the Defendant did not engage in deception, such as the instant facts charged, and did not have any intent to acquire by deception as well as by deception.
Nevertheless, the lower court erred by misapprehending the facts and thereby pronounced guilty against the Defendant.
2. Determination
A. The facts charged and the lower court determined that “the Defendant shall pay the Defendant a fine of KRW 300,00,00 to the Defendant, on September 12, 2013, for the following reasons: “Around the Seoul Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Victim D’s Operation E, and the Defendant shall pay the Defendant a penalty for the death penalty on the face of the death penalty.” However, the Defendant did not intend to pay the death penalty even if the Defendant was admitted to the said Public Notice Board. The Defendant deceiving the victim as above, and obtained a monetary benefit equivalent to KRW 1.70,00,00 from the victim by being provided with the announcement room from September 12, 2013 to October 6, 2013,” on the facts charged in the instant case, based on the evidence, etc. as indicated in its reasoning, on the ground that there is sufficient evidence.
B. The evidence duly adopted and examined by the court below and the court below's judgment and the court below's evidences and the following circumstances that can be recognized based on the evidence, namely, (i) the defendant consistently asserted from the investigation agency to the court of the trial that "it is not adequate to take a bath against D and do not pay the entrance fee; (ii) the entrance fee of the "E" operated by D is KRW 270,000 per month (270,000 per month in the case of the room in which the defendant was enrolled), and the entrance fee shall be paid first of every month in order to live in the above public notice room; and (iii) the defendant, around June 12, 2013, paid the entrance fee at a late time while living in the above E, but all of the defendant paid the entrance fee from September 11, 2013 to the court of the trial; and (iv) the defendant is a physical disability.