Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

A. In fact, it was true that the defendant did not transfer the ownership of the land of this case to victim E, but the defendant knew that prior to receiving the purchase price from the victim working as an employee, the victim transferred the ownership of the land of this case to Subdivision (hereinafter referred to as 'C') and could delay the transfer of ownership to the victim by restoring the ownership. The creditors' seizure made it difficult to receive the ownership transfer due to the creditor's seizure, and thus, the defendant was trying to transfer the ownership to the victim after acquiring the ownership in another company's name. The victim delayed the payment of the balance and delayed the transfer of ownership due to the request for the return of the purchase price and the request for the transfer of registration, which was delayed on September 2012, 2012 while the transfer of ownership was delayed. The defendant was bound by deception, and the defendant did not have committed deception, and the defendant did not have any intention to commit

B. The sentence of three-month imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. 1) In a case of fraud, in a case where the defendant denies the criminal intent by deceit, the existence of the crime by deceit shall be determined by taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime. The possibility of the occurrence of the crime can be expressed as uncertainty and the crime of fraud may also be established with the criminal intent of deceptiveation which permits it in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below. In full view of the following circumstances, the defendant is aware that, at least, the defendant may not cause the transfer registration of 200 square meters out of the Gyeonggi-gun F (hereinafter "the forest in this case") as promised by the victim, and deceiving the victim.