The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, as the owner of the Gangwon-do Hongcheon-gun C and D land (hereinafter “instant land”), requested G of the F real estate brokerage office G to sell the instant land, and the victim I knew that the F real estate brokerage office (“H land”) was the Defendant’s purchase of the land adjacent to the said land by G’s brokerage, and there was no difference in the fact that the Defendant was accompanied to G or each land with the victim, and thus, the lower court erred by misapprehending the fact that the Defendant, by deceiving the victim, sold the instant land, and thereby adversely affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is excessively unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court and the first instance court as to the assertion of mistake of facts, the following circumstances are recognized.

(A) While it is difficult to use the instant land as a site for housing, etc. because of the rapid gradient and a lot of stones, H land had already been in progress by its owner, and in the cadastral map, there was a ditch as to each of the above lands, but there was no actual flow of water as in the attached drawing, but rather water flows in the vicinity of the boundary of the land of Hongcheon-gun, Hongcheon-gun, an adjacent to H land, and there was a flow of water toward the ditches under the above drawing. While the current status over the instant land and H land flow through a road, unlike the road on the instant land on the instant land, there was only a road on H-land, unlike the road on the instant land, unlike the road on the road on which it stands.

(B) The victim and his wife were introduced from the investigative agency to the original trial or the trial court, and ① around July 2009, from G operating a real estate brokerage office in the vicinity of the land in order to establish a house for the entire use of the land to the Hongcheon-gun, Gangwon-do. It was already accompanied by G and K to the site.