A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

A. The lower court found the Defendant guilty of the instant charges by misunderstanding the fact that the Defendant did not deceive the victim and did not intend to commit fraud, thereby adversely affecting the conclusion of the judgment, on the ground that the instant contract was a down payment under the sales agency service contract concluded on June 1, 2017, and the Defendant actually endeavored to implement the sales agency service contract of this case, but the instant housing was destroyed as it became impossible to change its use into a multi-household, and thus, the sales agency service contract of this case was reversed.

B. The lower court’s sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of the instant charges on the ground that, based on the evidence duly adopted and examined by the lower court, the charge was found guilty on the following grounds: (a) the Defendant was in arrears with the rent of the office run by the Defendant around the date and time indicated in the instant facts charged; (b) the Defendant was unaware of the president of the E organization; and (c) the Defendant did not use the money received from the victim as a business related to the sale of housing and used the money for the purpose of office rent, etc. irrelevant to the said business; and (d) according to such recognized facts,

As such, the facts and circumstances revealed by the court below, which are acknowledged by the evidence duly adopted and investigated by the court below, stated that the victim transferred 10,000 won from the defendant to the defendant with the chairperson of the E organization in connection with the sale of this case. The victim's statement that introduced the victim with regard to the lease and sale of this case as the contractor of the building for sale of this case also conforms to the first statement that introduced the victim to the victim, and the defendant in relation to the sale of this case.