The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant was the Defendant’s share of KRW 50 million out of the amount of KRW 100,000,000,000, as the victim and E pharmacy was engaged in the business.

As a result of the interim settlement with the victim, the amount of the defendant's claim against the victim exceeds KRW 50 million, and KRW 100 million was reverted to the defendant in full, and the defendant invested the above claim in H Co., Ltd. (hereinafter "H").

The defendant did not deceiving the victim.

B. Inasmuch as the misunderstanding of legal principles cannot be deemed as a dispositive act against the obligation to return security deposit, the Defendant deceivings the victim.

Even if so, the victim has not committed any act in fraud, and there is no crime of fraud.

C. Even if the Defendant deceivings the victim and commits fraud, the part of the Defendant’s claim for return of deposit against the above pharmacy, which is half of the amount of damage to the victim, is merely KRW 50 million, and thus, the amount of damage to the victim is too unreasonable (one month of imprisonment).

2. Summary of the facts charged in this case and the judgment of the court below

A. On December 21, 2017, the Defendant was sentenced to three years of imprisonment with prison labor at the Seoul Central District Court for fraud, etc., and the judgment became final and conclusive on July 6, 2018.

A is the owner of the building C in Busan, and the defendant is the person who manages the lease of the building and the pharmacy in the building on behalf of A, and the victim D is a person who leases a first floor E pharmacy (hereinafter referred to as the “instant pharmacy”) from A and operates a pharmacy.

On March 10, 2011, the Defendant entered into a lease agreement with the victim D and the rental deposit amounting to KRW 100,000,000,000,000 for the instant pharmacy store owned by the captain of Busan-gun C on behalf of A.