The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal (misunderstanding of legal principles and mistake of the facts), the evidence submitted by the prosecutor, although the Lessee did not allow the Defendant to receive the lease deposit, the Defendant, a lessor, to receive the victim’s lease deposit.

Since the fact can be recognized by taking the deposit from H to receive the lease deposit, the defendant's crime of fraud is established against the victim.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous by misapprehending the legal principles or by misunderstanding facts and affecting the judgment.

2. Determination:

A. The amendment of the indictment to the indictment at the trial of the party shall be based on the facts charged in the instant case, which the court below acquitted, as the primary facts charged, and add "the name of the conjunctive crime" and "Article 347 (1) of the Criminal Act" to "the name of the conjunctive crime" and "Article 347 (1) of the Criminal Act."

1) As stated in Paragraph 1, an application for amendment to a bill of amendment was filed with respect to the addition of the ancillary facts charged, and this Court permitted this.

B. The lower court determined that the crime of fraud against the victim cannot be established and acquitted the victim of the primary facts charged, on the ground that the evidence alone submitted by the lower court is insufficient to recognize that the lessor had the power to dispose of the lease deposit to be provided to the victim, who is the lessee, or that the lessor was in such a position, due to the delivery of the lease deposit to the victim, etc.

2) To be established a crime of fraud, in the event that a person who is the victim requires the victim to obtain property benefits by inducing the loss to dispose of any property in error, and is not the same person as the victim, the victim must be placed in the right or position to dispose of the property for the victim, and such deception, mistake, disposal, and acquisition shall be between the victim and the victim.