The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case was delegated by the Defendant, along with C on September 2007, Masan City D and E, to build a new building with the second and the tenth floor above the above land and sell the remaining two floors to the land owners and then pay the cost of new construction of the building (hereinafter “the construction of the instant building”). At that time, the Defendant colored the constructor.

On November 2007, the defendant explained the above business to the victim G through F, a partner of C, and talked that the defendant will carry on the above business on the part of the whole floor of new building and 120 million won, which is part of the expenses required for the name city of the old building, under the pretext of the introduction expenses.

On November 14, 2007, the Defendant, like C, entered into a contract with the victim under which “If the first, fourth, and nine floors after the Defendant and C provided the land to the victim and the Defendant transfer the entire building on the land to C, the ownership of the land shall be transferred to the victim, but the victim shall pay 120 million won, which is a part of the expenses incurred in the name city of the old building, until December 20, 2007 (hereinafter “instant contract”). However, the original landowner resolved the tenant problem smoothly, and requested the Defendant and C to undertake the project, so there was no cost incurred by the Defendant in the name of the building.

On December 21, 2007, the Defendant received KRW 120 million from the victim to C account under the pretext of the name of the building.

Accordingly, the defendant, in collusion with C, deceiving the victim, thereby deceiving the property.

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of each of the evidence in the judgment of the lower court.

2. The summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles) received from the victim 12.2.