A defendant shall be punished by imprisonment for two years.

A. Error-misunderstanding of facts was delegated by D, the owner of land 1,392.6 square meters in Songpa-gu Seoul Metropolitan Government (hereinafter “instant land”) with the right to transfer a new urban residential house with 90 households in the size of 4 underground and 20 stories above ground on the instant land (hereinafter “instant project”), or at least did not have to be recognized as such by the Defendant, and the Defendant and E agreed on a clear statement in accordance with the “Agreement on the Development of Land and Building (PM)” (hereinafter “instant agreement”).

Therefore, the judgment of the court below that found the Defendant guilty of the charges by recognizing that the E did not have been delegated with the above exclusive right (hereinafter “the fact that the Defendant was erroneous”) by D, and that the Defendant was delegated only to the development entity with the ability to bear all development costs for the promotion of the project of this case, notwithstanding the written agreement of this case (hereinafter “the fact that the Defendant was the second person”) and that the Defendant was delegated with the authority (hereinafter “the fact that the Defendant was the second person”).

B. The lower court’s imprisonment (two years and six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court and the first instance court, the following facts can be acknowledged immediately without any special reasoning, i.e., the status and mutual relation D as the owner of the instant land and the co-owner of the building on the ground.

E is a 1956 student who owns his parent and building as a son of D.

The Defendant had been aware of E and E, and has been trying to implement the instant project before that time.

P is the defendant's interest in the project of this case.

The victim is a person who introduced the defendant through the main P and decided to invest in the business of this case.

B. (i) The Defendant shall enter into a joint development project implementation agreement on May 10, 2017.