The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (in fact-finding, unreasonable sentencing) is that the Defendant leased C-owned housing with the lessor C as KRW 9.5 million, and filed a complaint based on the fact that the lease deposit was not refunded even though the lease term expires, and thus, did not mislead C, the lower court found the Defendant guilty of the facts charged in this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

Imprisonment with labor (one year of imprisonment) sentenced by the court below is unreasonable.

2. According to the judgment of the court below and the evidence duly adopted and examined by the court below on September 5, 2004, the defendant claimed that the lease deposit was returned in full after the expiration of the lease term of the house in this case, and the lease deposit was returned in Seoul, Mapo-gu 2nd floor B 4 (hereinafter "the house in this case") with the lessor C for a period of one million won and one year, and the defendant demanded C to reduce the lease deposit amount on the ground that urban gas is not supplied in the house in this case, and C also requested C to agree with the purport that the lease deposit was returned in full after the expiration of the lease term of the house in this case. Since C refused to return the lease deposit as KRW 9.5 million, the defendant asserted that the lease deposit was about KRW 9 million, and the defendant did not have the person who reported the house in this case as the one who filed the complaint in this case, and the defendant did not know that he did not have any criminal punishment as the one who reported the illegal stay in this case.