The judgment of the court below is reversed.

The defendant shall be innocent.

1. At the time of October 22, 2010 between the Defendant and G, the gist of the grounds for appeal (misunderstanding of facts) and the G, which was received by G.

There was an agreement by which the defendant may use the leased deposit amount of KRW 90 million, and there was no such agreement.

D even if the defendant's deceptive act belongs to the defendant's deceptive act, the F's lease deposit is not remitted to the defendant.

2. Summary of the facts charged in this case and the judgment of the court below

A. On October 20, 2010, the Defendant: (a) entered into a contract to lease (hereinafter “F”) Nos. 202 on behalf of the Victim D on behalf of the Victim D, Seocho-gu Seoul (hereinafter “Seoul”) with the victim on behalf of the Defendant; and (b) was willing to acquire KRW 90,000,000,000, which the victim should receive from F by means of the signing of the contract on behalf of the victim.

On October 22, 2010, the Defendant received the victim’s “F’s immediately preceding lessee G and talked well” from the victim at a Buddhist place.

The rental deposit amount of KRW 90,000 was temporarily lent to a third party.

F. F. F. L. L. L. L. L. L. L. H. again transfers 50 million won, which is a part of the leased deposit that L. F. L.C.

A false statement was made to the effect that the remainder of the rent deposit amounting to KRW 40 million shall be directly paid from F.

However, there was no fact that the Defendant borrowed KRW 90 million from G, the immediately preceding lessee, G.

The Defendant: (a) by deceiving the victim as above; (b) received money of KRW 50 million from the victim; (c) received money directly from F on October 23, 2010 on behalf of the victim; (d) obtained money of KRW 40 million from F on behalf of the victim; and (e) obtained money of KRW 90 million in total from the victim.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the presented evidence.

3. Determination on whether a deliberation was made

A. The relevant legal doctrine is established by deceiving another person to make a mistake by inducing his/her disposal act, and by obtaining property or pecuniary benefits.