The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal (one year of suspended sentence in six months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, we examine whether the fraud of the instant facts charged around February 2016 (Article 2 of the facts charged in the lower judgment) constituted this crime ex officio.

A. On February 22, 2016, the Defendant had no intention or ability to return the rent deposit amounting to KRW 20 million on March 3, 2016, when he/she was transferred the possession of the house Nos. 3 and 4 of Dongdaemun-gu Seoul Metropolitan Government D No. 3 and 2 of the fourth floor on February 22, 2016.

Nevertheless, on January 3, 2016, the Defendant: (a) concluded that “If a director has paid the remaining monthly rent, he/she would immediately transfer the deposit amount of KRW 20 million on June 3, 2016, which is the expiration date of the lease; (b) received KRW 1.2 million from the injured party, who was transferred the monthly rent of KRW 20 million to his/her husband H’s account on February 3, 2016; and (c) obtained pecuniary benefits equivalent to the said amount by failing to pay KRW 20 million,000,000,000,000,000,000,000,000,000 won.”

B. The lower court determined that this part of the crime of fraud was established based on the following evidence.

(c)

The Defendant had acquired the leased deposit of 20 million won by deceiving the victim on February 2, 2014 or around March 3, 2014, as stated in paragraph (1) of the original facts constituting the crime of the lower court. Even if the Defendant had been transferred the possession of the house from the damaged party and paid the rent for a certain period, the Defendant did not return the leased deposit to the injured party by the agreed deadline, thereby infringing new legal interests.

It is difficult to see it.

On February 2, 2016, the act of failing to return the lease deposit itself means the lease deposit from February 2, 2014 to March 2, 2014, aside from the fact that the performance of the civil lessor's obligation upon the expiration of the lease contract is due.