The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) asked the Korea Land and Housing Corporation to change his house before the expiration of the contract period as the victim would return the deposit; and (b) the employee in charge merely received the deposit money from the victim and received it from the victim who believed the horse and did not have a criminal intent to acquire the money; and (c) the lower court found the Defendant guilty of the charge of this case, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court’s determination as to the assertion of factual mistake is based on the evidence duly adopted and investigated as follows: ① According to Article 8(1) of the Korea Land and Housing Corporation Act and Article 1 of the “contract for Lease of Housing for Lease of Lease of Lease of Lease of Lease of Rental Housing between Korea and the Defendant,” which was concluded between the former owner of the instant house and the Korea Land and Housing Corporation, the lessor (owner) shall return the full amount of deposit money (including the occupant charges) to the Korea Land and Housing Corporation by depositing the deposit money into the bank account of the Korea Land and Housing Corporation; and the occupant (Defendant) shall not exercise any right to the right to claim the return of deposit money for the lessor of the Korea Land and Housing Corporation. However, in the case of consent of the Korea Land and Housing Corporation, the lessor may directly return all or part of the deposit to the occupant borne by the occupant, and ② the said Defendant signed and sealed the instant housing lease contract with the investigative agency.