The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. Comprehensively taking account of the evidence submitted by the prosecutor's office, the court below found the Defendant guilty of the facts charged of this case on the ground that, although the main owner of the commercial building of this case did not demand the premium, the Defendant could have concealed the victim to the effect that he would deliver the premium requested by the main owner of the commercial building, and received the money from the victim, he could be found guilty of the facts charged of this case.

2. The prosecutor of the Amendments to Bill of Indictment has maintained the previous facts charged and applied for the amendment to Bill of Indictment with the addition of the ancillary facts charged as shown below, and this court permitted it.

Therefore, I first decide on the prosecutor's argument of mistake of facts about the primary facts, and then decide on whether to judge the conjunctive facts according to the contents of the decision.

3. Judgment on the primary facts charged

A. The summary of the primary facts charged is the lessor delegated with the authority to lease, etc. a commercial building No. 117 of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

On May 13, 2011, the Defendant, within the “F Licensed Real Estate Agent Office” located in the neighboring area of Bupyeong-gu Incheon Bupyeong-gu, Incheon. On May 13, 201, the Defendant made a false statement to the victim G that “When concluding a lease agreement on the D Building 117, Bupyeong-gu, Incheon. D building 117, the security deposit for the right is KRW 30 million. However, the Defendant had reduced the security deposit for the right to KRW 10 million by talking well with the shop owner.”

However, in fact, the commercial owner did not demand that the commercial owner be able to receive the right deposit, etc. while leasing the commercial building.

On May 25, 201, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Defendant’s national bank account, and acquired it by fraud.

B. The lower court presented by the prosecutor.