The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) I is G apartment H in Pakistan-si (hereinafter “instant rental apartment”).

F) As to F (hereinafter referred to as “victims”).

(2) The lower court determined that it was impossible to transfer the right to lease of the instant leased apartment on the ground of misunderstanding of the facts or misunderstanding of the legal doctrine, which led to the impossibility of transferring the right to lease of the instant leased apartment on the ground that I did not reside in the instant leased apartment, etc. In addition, the Defendant used the amount of KRW 2 million out of the amount received from the victim in relation to the instant leased apartment for his own interest.

Nevertheless, the lower court recognized the total amount of KRW 63 million that the victim remitted to the Plaintiff by misunderstanding the facts or misunderstanding the legal doctrine.

B. The sentence imposed by the lower court (six months of imprisonment, two years of suspended execution, two years of community service, 120 hours of imprisonment) is too unreasonable.

2. Determination

A. The lower court’s determination on the assertion regarding the requirements for the transfer of right of lease, such as residence, is justifiable in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the fact that I had resided in the instant leased apartment, i.e., the fact that I had never moved to the leased apartment, and ii) the fact that I had not moved to the dwelling on the ground that I could not be assigned under the Rental Housing Act and the Enforcement Decree of the same Act.