2. Determination

A. The summary of the facts charged in the instant case ① The Defendant purchased land, such as Pyeongtaek-si AC, along with AB, etc., and obtained approval for the establishment of a new factory, and sold it, and conspired to prepare a bilateral land sales contract, which is the agent of AB, while selling five parcels of land, among the land subject to the instant business, to AD, while selling the said five parcels of land, including AC, to AD.

On January 27, 2010, the Defendant conspired with A and C to the effect that “B, as a transaction with the branch owner, shall enter into a contract on behalf of B and A” in the column for special terms and conditions of the land sales contract without authority for the purpose of exercising at the AF Licensed Real Estate Agent Office located in AE in e, and entered into the said land sales contract (hereinafter “instant sales contract”) with the agent title 2, stating the name and address of AB’s agent qualification in the form of the agent title 2.

② The Defendant, in collusion with A and C, concluded a sales contract for five parcels of land, such as the above AC, at the same time, at the same place, and delivered the said sales contract prepared by gathering qualifications of the persons related to AD as if they were genuinely prepared, thereby exercising the above sales contract for land, which was prepared by gathering qualification as a proxy of AB.

B. The reasoning of the lower court’s proper reasoning is as follows, together with the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court.