The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

The judgment below

Part of acquittal.

1. Summary of grounds for appeal;

A. Defendant (guilty portion of the original judgment of the lower court): The sentence imposed by the lower court on the Defendant is too unreasonable.

B. The prosecutor (misunderstanding of facts in the judgment of the court below) received a security deposit and delegated the right to receive the security deposit from the victim by deceiving the victim as if he would normally receive the security deposit from his will to use it, and using it, the lessor and the termination of the contract were delegated with the right to receive the security deposit and then the victim could not recover the security deposit. The defendant's act of disposal of delegation of the victim's right to terminate the contract, the act of deception or disposal, and the causal relationship between the damage that the victim could not receive the refund of the security deposit, but the judgment of the court below acquitted the defendant

2. Determination

A. As to the non-guilty portion of the judgment below, the court below’s judgment on the primary charge (A) is hard to find out that this part of the facts charged alone is not clear to which the Defendant and G engaged in deception, and that “the lessor would cancel the contract, but did not notify it, and did not change the lease contract to the victim” among this part of the facts charged.

Even if the evidence submitted by the prosecutor alone is insufficient to prove the causal relationship between such deception and the dispositive act in which the lessor paid KRW 1.2 million, or there is a causal relationship between the above dispositive act or the lease deposit and the victim’s pecuniary advantage. Therefore, this part of the facts charged is not a crime or there is no proof of a criminal fact.