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The defendant's appeal is dismissed.
Reasons
1. At the time of concluding a lease agreement on the instant high-water land, F was notified that the size of 176 square meters of the above land fell under a development restriction zone and the high-water business was not permitted. The part of the land was known that the equipment or the high-water goods loaded on the land were illegally or temporarily loaded. Thus, no error was made in the course of the contract.
The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by mistake or misapprehension of legal principles.
2. Determination
A. The deception as a requirement for fraud refers to all affirmative or passive acts that have a good faith and good faith in property transaction. Of them, deception by passive acts refers to a person subject to duty of disclosure who is aware that he/she was involved in a mistake about a certain fact and does not notify the other party of such fact. In cases where it is evident that the other party would not have been aware of such fact, in light of the empirical rule of general transactions, if it would have been evident that the other party would not have been engaged in the pertinent juristic act, the legal obligation to notify such fact is recognized (see Supreme Court Decision 2003Do4531, May 27, 2004).
According to the evidence duly admitted and examined by the court below, the following facts or circumstances are recognized.
In other words, the Defendant: (a) leased 200 square meters on the instant solid property from K (Lessor) and carried on the instant solid business; (b) entered into a contract on the transfer of rights on the instant solid property (facilities) with F on February 25, 2012 and received KRW 14 million from F.
② On July 7, 201 and the same year after July 7, 201, before the conclusion of a contract for transfer or acquisition of the above rights.
8.8.Around two occasions, the container and equipment installed on the land of 176 square meters corresponding to the development-restricted zone among the above 200 square meters by the J Office Staff L, and at the same time.