The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) (the lower court), the Defendant was the former lessee of No. 103 of the building E located in Chuncheon-si (hereinafter “the instant house”).

Although the defendant was merely a person who infringed on the house above without permission against C's will, the defendant was erroneous in finding that he was a legitimate person living together with C's right to housing, and even though the victim D can be a manager of the house in this case, the decision was rejected. The judgment of the court below is erroneous in the misapprehension of facts and legal principles as above, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is that the lessee, who was residing in the instant building owned by the victim C, and the Defendant and F, who was married with C, from February 16, 2016 to February 16, 2016, and F, are the same year.

3. From October to October, 300, he had been residing in the instant housing.

The Defendant and F shall terminate the above lease agreement by C who left the instant house due to their failure, and shall return the lease deposit amount of KRW 18 million from the injured party on February 24, 2016, after receiving refund from the injured party on February 24, 2016.

4.7. The deduction of household effects from all of the instant housing units on or around May 9, 2016 and the same year as the lease contract for the instant housing has been terminated.

6. On 20. Around 20. Around 20.m., the victim was asked to leave the instant house from the victim, but the victim was not the defendant and F.C., and continued to reside in the instant house.

Accordingly, the defendant and F did not comply with the demand of the victim to leave without good cause.

B. The following circumstances are acknowledged based on the judgment of the court below and the evidence duly admitted and examined by the court below as to whether the Defendant was a person living together with C as a person living together with C, namely, ① leased the instant house from the victim D and completed the moving-in report on the same day on August 1, 201, and ② the Defendant resided in the said house after the moving-in report on the same day.