The part against the defendant shall be reversed.

The accused shall publicly announce the summary of the judgment of innocence.

A. The Defendant, as stated in the facts charged in the instant case, did not in collusion with Co-Defendant A, thereby deceiving the victim.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's sentence (nine months of imprisonment) imposed on the defendant is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the prosecutor examined the case in the trial, and among the facts charged in this case, "the defendant deceivings the victim as such, and the defendant A received 45 million won from the victim on May 23, 2006 as the price for the above plastic house, and delivered 27 million won among them to the defendant B known as the above plastic house price of 30 million won after he received 35 million won from the victim on May 23, 2006," the defendant "the defendant deceivings the victim as such, and the defendant A received 45 million won as the price for the above plastic house from the victim on May 10, 2006, delivered 30 million won as the price for the above plastic house, and applied for permission to change the above plastic house price of 27 million won among them to the defendant B, which is known as 30 million won or more. Thus, the part of the judgment below which is based on the original facts charged is no longer maintained.

However, despite the above amendment of indictment, the defendant's assertion of misunderstanding of facts is subject to the judgment of this court, which follows.

subsection (1) of this section.

B. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, Co-defendant A of the court below is "G Licensed Real Estate Agent" in Gangseo-gu Seoul Metropolitan Government F apartment commercial building 101 around May 10, 2006.