The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The accused may sell his/her own will to the injured party for a week;

Although there was no fact that he or she would be liable for damages if he or she fails to sell his or her own, he or she could not sell his or her own as a result of warning that he or she could not sell his or her own as a result, and even if he or she notified that additional expenses, such as appraisal fees and deposit, may be spent for sale, he or she could not sell his or

Therefore, the judgment of the court below that found the Defendant guilty of the facts charged of this case because the Defendant did not deceiving the victim and did not have the intention of deception, is erroneous and has affected the conclusion of the judgment

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment as stated in the following facts charged at the time of the trial, and since this court permitted this, the judgment of the court below can no longer be maintained.

However, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined below.

B. Considering the following circumstances, such as the reasoning of the lower court’s judgment on the assertion of mistake of facts, based on the evidence duly adopted and investigated by the lower court, the Defendant appears to have been aware that: (a) the Defendant was given 8.2 million won to the victim for the purpose that he would have been able to sell his own investment in China within a short period of time; and (b) he would have been responsible for his own investment when he did not sell his own investment in China; and (c) the Defendant could not sell his own investment in a short period of time and could not distribute his profits by selling it within the short period of time in China. In so doing, the lower court convicted the Defendant of the instant charges from the same perspective.