The part of the judgment of the court below regarding the defendant except for the compensation order shall be reversed.

The defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.

B. A public prosecutor 1) misunderstanding of facts: (a) the Defendant: (b) provided a victim D with a deposit of KRW 5 million on his own face; (c) provided a new lessee to receive the premium; and (d) received KRW 5 million from the victim; (c) concluded a contract in the name of the Defendant, not the victim, in the name of the victim; (d) did not make efforts to seek a new lessee because he did not work for the premium in the leased commercial building; and (e) did not return the amount to the victim five million won until now; (b) as at the time of the instant case, the Defendant did not have the intent or ability to resell the right to lease the commercial building by performing the work for the premium as above, and (c) received five million won by the victim, even though he did not have the intent or ability to resell the right to lease the commercial building; (d) the lower court’s sentence of unfair sentencing is unreasonable.

2. Judgment on the grounds for appeal by the defendant and prosecutor ex officio is examined as above.

On the second trial of the trial court, the prosecutor applied for changes in the indictment with respect to the part not guilty of the judgment of the court below as stated in the following Paragraph 3, and since this court permitted changes in the case, the part not guilty of the judgment of the court below should be reversed in this regard.

However, even if there is a reason to reverse ex officio, the prosecutor's assertion of mistake is still subject to the judgment of this court, and this is examined in paragraph 4 below.

3. On March 18, 2016, the changed Defendant, at the G coffee shop located in AD, offered "in-house real estate brokerage business" to the victim D in the G coffee shop located in AD, one of the commercial buildings newly constructed in AD.

B. A deposit of KRW 5 million was set up on a commercial building on the face of the main shop, and it was paid a premium of KRW 10 million, a number of million won or more.