The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not have any awareness that the deposit was transferred, nor did he have any duty to inform the lessor of the fact that he had already been notified of the transfer of the deposit, that he had no right to receive the deposit for the lease on a deposit basis. Accordingly, the Defendant had a deceptive act by the Defendant.

There is no deception, even if there was a deception.

Even though the relationship between the victim's mistake and deception is not recognized, the court below convicted the defendant, thereby misunderstanding facts or misunderstanding legal principles.

B. The sentence of the lower court (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. Determination

A. Prior to the grounds for appeal by the Defendant’s ex officio prior to the judgment of authority, the Prosecutor applied for permission to change the indictment of this case as stated in the following facts charged, and the judgment of the court below can no longer be maintained by this court’s permission.

However, the revised charges clearly specify the part of deception by commission or deception by omission, and the core of deception is “the request for the return of the deposit for lease on a deposit basis as if there is no right to receive the deposit for lease on a deposit basis,” and the facts charged at the time of prosecution and the facts charged changed at the court below and the reasons for appeal by mistake of the facts or misapprehension of legal principles are still subject to the judgment of this court.

B. The lower court erred by misapprehending the legal doctrine, and (1) the Defendant, at the time of the instant loan, voluntarily entered the location, address, and resident registration number of the object of the lease in writing, and signed and sealed the contract on the transfer of the claim. The location of the leased object, the amount of the leased deposit, and the address and resident registration number of the Defendant