The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, misunderstanding of the legal doctrine, is performing the management duties of the 11th floor of C Building (hereinafter “the instant officetel”).

In this regard, the Defendant reported that the users of E (E) corporation (hereinafter “E”) who were in dispute with the Defendant regarding the management authority of the above C building enter the instant officetel, and only stayed in the instant officetel until the police arrive after making a 112 report.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles and thereby affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding of facts and misapprehension of the legal doctrine, the lower court may recognize the fact that the Defendant did not comply with the request, without authority, even though the Defendant was requested to leave the instant officetel from E’s employees, a legitimate lessee of the instant officetel.

① Around July 2008, D, the owner of the instant officetel, leased the instant officetel as one year from July 1, 2008 to July 10, 2009, with a deposit of KRW 10 million, the rent of KRW 700,000, and the lease term of the instant officetel as one year from July 11, 2008 to July 10, 2009.

D did not notify E of the refusal to renew the lease agreement after entering into the lease agreement, which was renewed every year, and E paid KRW 700,000 per month from September 2008 to July 2015.

② However, under the circumstances where the validity of the said lease agreement remains, D, without notifying the termination of the said lease agreement to E, delegated the F Authorized Broker Office operated by the Defendant’s imprisonment H, etc. on June 15, 2015 to the F Authorized Broker Office.

3. However, the above lease is effective.