The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding the legal principles and misconception of the facts, the Defendant entered into a sales contract with the victim G and Gyeonggi-do O land (hereinafter “instant land”) (hereinafter “instant sales contract”) and received KRW 250 million from the damaged party as the down payment, and did not receive the said money under the pretext of solicitation to prevent the restraint of J from being detained or to request for release.

In addition, the Defendant received only KRW 250 million from the damaged person to the account transfer, and there was no receipt of KRW 50 million in cash, and since the Defendant entered into an actual sales contract with the injured person and prepared the instant sales contract, there is no fact that the transaction contract was forged.

Nevertheless, the lower court, which found the Defendant guilty on the sole basis of the victim and T’s false statement, erred by misapprehending the facts.

On the other hand, it can not be said that the duties of the K and the Blue M secretary include the duties related to the treatment of the new illness in criminal proceedings.

B. The sentence of the lower court (two years of imprisonment and additional collection of KRW 300 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. In full view of the following circumstances, the lower court determined that the Defendant, without entering into a sales contract with the victim for the instant land, received total of KRW 300 million (hereinafter “the instant money”) under the pretext of soliciting K or M secretary from the injured party, and upon the commencement of an investigation on the said money, the Defendant may be deemed to have forged the instant sales contract under the victim’s name for the purpose of concealing the crime.

The decision was determined.

In addition, it can be seen that the duties of K or M secretary include the duties related to the treatment of new illness in criminal proceedings.

The decision was determined.

① Victim G is consistent with the Defendant regarding the instant land.