The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for one year from the date of the final judgment.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the Defendant, who was delegated by the victim with the sale of the E 1,315 square meters, F 1,104 square meters, G 1,144 square meters, G 1,144 square meters, was delegated to I, and there was a duty to sell the above F and G land in the amount of KRW 70 million to the victim and deliver the paid purchase money to the victim. However, in violation of the above duty, the Defendant embezzled the payment of KRW 45 million out of the above purchase money by refusing to pay the remainder of KRW 25 million.

Nevertheless, the lower court erred by misapprehending the facts charged and acquitted the aforementioned facts charged.

2. Judgment on the primary facts charged (Judgment on the prosecutor's assertion of mistake of facts)

A. The summary of the facts charged is as follows: (a) the Defendant was entrusted with the sale of the instant land owned by the said D from the Victim’s Network D (Death on May 8, 2010), the Defendant, on July 2008, to whom the sale of the said land was delegated to KRW 1,315 square meters, ② F 1,104 square meters, ③ G 1,144 square meters (hereinafter referred to as “instant three lots”), and if the Defendant’s father’s husband’s wife’s husband’s wife’s husband’s husband’s husband’s wife’s husband’s husband’s husband’s wife’s husband’s husband’s husband’s wife’s husband’s wife’s husband’s wife’s husband’s wife’s wife’

9. Each registration of transfer of ownership in H’s name shall be completed.

In addition, on the 19th of the same month, the Defendant sold to I, on the 19th of the same month, the two parcels F and G (hereinafter referred to as the “instant two parcels”) of the three parcels of this case for KRW 70 million and the same year.

8. 18. The above I completed the registration of ownership transfer to the above I and received the full payment of the purchase price and kept it for the victim.

On July 30, 2009, the Defendant, at the house of the Daegu Jung-gu Jone-gu, 103 Dong-gu, 1505, the Defendant, “The two parcels of this case were sold and received KRW 47 million as the price for the sale,” set off against the victim the claim amount of KRW 30 million against the victim. On January 5, 2010, the Defendant, at the same time, paid KRW 15 million to the Plaintiff, and refused to refund KRW 25 million.