The remaining part of the judgment of the court below excluding the second crime part among the judgment of the court below shall be reversed.

Nos. 1 and 1 of the judgment of the defendant.

Summary of Grounds for Appeal

Defendant

(F) The punishment of the court below (or punishment 1: imprisonment with prison labor for 4 months and imprisonment with prison labor for 1 year) against the defendant is too unreasonable.

According to the evidence of the prosecutor's erroneous determination of facts (as to the portion of acquittal in the original trial), the fact that the Defendant, as stated in the facts charged, received KRW 380 million from the buyer and retained the amount of KRW 380,000,000 from the buyer, without delivering it to the victim R, who

Nevertheless, there is an error of misunderstanding of facts in the judgment of the court below which acquitted this part of the charges.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

On March 10, 2008, the summary of the facts charged in the judgment of the court below regarding the prosecutor's assertion of mistake of facts was the brokerage of the defendant, which is the cause of assistance to the real estate brokerage office, Q purchased from the victim R for "Grain population S and T land" for KRW 400 million.

In order to implement the contract, the Defendant: (a) received additional contract amount of KRW 20 million from Q on March 17, 2008; (b) intermediate payment of KRW 150 million on April 4, 2008; (c) and (d) stored for the victim R, respectively, on or around April 17, 2008; and (b) used the remainder of KRW 210 million on or around April 17, 2008 for personal debt repayment, etc. without delivering it to the victim; and (c) embezzled it at his/her own discretion.

The defendant and the victim's assertion that ① the additional contract amount of KRW 20 million received from Q on March 17, 2008 from the buyer Q was delivered to the victim on the same day, ② the intermediate payment of KRW 150 million received on April 4, 2008, and subsequently borrowed KRW 50 million from the victim on April 5, 2008, and ③ the balance of KRW 210 million paid on April 17, 2008 was paid to the victim and borrowed KRW 160 million from the victim on the same day.

With respect to this, the victim received 20 million won as down payment from the buyer on the day of the sales contract, and thereafter.