The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The deposit for the lease on a deposit basis of mistake of facts and misapprehension of legal principles was raised as the funds of the defendant, and only the name of the defendant was left in B.

Since then, B filed a divorce lawsuit against the Defendant, and at the time, the attorney-at-law who requested a divorce lawsuit requested the Defendant to do so, explained to the Defendant that “B has delegated all the rights related to the lease contract to the Defendant, so the Defendant would have no legal problem even after cancelling the lease contract and receiving the deposit money,” the Defendant was erroneous that his act did not constitute a crime, and thus, caused the Defendant to do

Therefore, the judgment of the court below that found the Defendant guilty on the ground that the Defendant was erroneous that his act did not constitute a crime and that there was a justifiable reason to mislead the Defendant as such.

B. The sentence imposed by the lower court (one year of imprisonment and two years of suspended execution) is excessively unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. (i) In a case where a property is held in title trust with no burden on the truster, barring any special circumstance, it is reasonable to deem that the trustee comprehensively permitted the disposal of the property and the use of its name to the truster, barring any special circumstance. Therefore, in preparing documents necessary for the disposal of the trust property in the name of the trustee, the truster did not obtain individual approval from the trustee when preparing such documents under the name of the trustee

Even though the crime of forging and uttering private documents is not established, if the trustee denies the fact of title trust and there is a dispute over the ownership of the trust property between the truster and the trustee because he/she asserts that he/she owns his/her own property, it can be deemed that the truster is allowed to use the name of the trustee in relation to the disposal of the property.