The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the penalty of the original judgment (three million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant, the prosecutor applied for changes in indictment with the following contents of the facts charged at the trial before the judgment on the grounds of appeal by the defendant, and the judgment below was changed by this court's permission. Thus, the judgment below cannot be exempted from reversal.

3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. On January 26, 2011, the defendant issued an agreement to return only 5 million won out of 60 million won to the victim's investment at the Busan Detention House located in the Seo-dong, Busan, the Busan, and to sell or lease the above apartment 201 and 508 or to pay the remaining 5 million won to the victim for the above 55 million won. Thus, the defendant violated the above duty as above, and therefore, the above duty of liquidation and termination of the above business relationship was committed. Since the defendant violated the above duty and stated 108, 1107, 1207, and 1207, the above apartment 201 and the above apartment 2050,000 won were deducted from the above apartment 2050,000 won, and the above apartment 205,000,0000 won was deducted from the market price of the above apartment 201,8.