The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. According to the summary of the grounds for appeal (in fact-finding), each statement of the defendant and D, the statements of the victims, the details of transactions between the defendant and D, and the statement of the name of the defendant, etc., the court below found the defendant not guilty of the defendant, but there is an error of law by mistake of facts.

2. Determination:

A. The summary of the facts charged is the representative director of C Co., Ltd. (hereinafter “C”), and D, from October 207 to October 2007, a person who runs real estate brokerage business under the trade name of F real estate in Ansan-gu E.

Pyeongtaek-si G and three lots of H apartment (hereinafter referred to as “H apartment”) are an aggregate building after construction and sale of 7 Dong 24 square-type 280 households from J Co., Ltd. (hereinafter referred to as “J”) and 7 Dong 24 square-type 280 households.

On December 24, 2007, the Defendant: (a) transferred H apartment 6 bonds (No. 101, 208, 106, 101, 109, 110, 510, 107, 108, 107, 108) received as payment in kind by K’s partner company; (b) around that time, the Defendant delegated D with the above six apartment bonds sales services.

Around April 29, 2008, the Defendant entered into an agency contract with I and H apartment with the remainder of 280 households, and C re-agented the H apartment on the same day to D, but before April 29, 2008, it did not enter into a service contract for the parcelling-out of H apartment or re-entrusted the parcelling-out service to D. The apartment was not completed even at the time of delegation on April 29, 2008 and it was unclear whether it could transfer its ownership to the victims who entered into the contract for parcelling-out because it was not completed until May 2008.

The defendant and D needed to conclude the contract deposit for the sale of the above apartment with I, and in fact, C does not have any actual construction of the above apartment, and there is no apartment that has been received in payment in addition to the six bonds transferred from K.