The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged of this case even though the defendant by mistake of facts did not deceiving the victim and defraud the real estate purchase price from the victim. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, determination on the assertion of mistake of facts is 1) The following facts can be acknowledged. ① The real estate of H 1,30 square meters in light of the broad name city (hereinafter “instant real estate 1”).

(A) and 71 square meters prior to I (hereinafter referred to as “the instant two real estate”).

As to G, the name of G on April 9, 1971, and 83 square meters prior to K (hereinafter “instant three real estate”).

(2) On January 19, 2004, G entered into a contract with V on August 12, 2004 to sell the land of 2,899 square meters including the instant real estate No. 1 and 2, and the buyer’s name as “V non-party 1.” The down payment and the intermediate payment were paid by V. The Defendant paid the remainder on May 27, 2005. The Defendant demanded G to transfer the registration of ownership transfer to G as it actually purchased the said remainder, but G did not comply with G’s demand to transfer the registration of ownership transfer to the Defendant, not the contracting party, on the ground that it could not reduce the interim omission registration. ③ On January 4, 2006, the Defendant received the real estate sales contract No. 998 square meters among the instant real estate No. 1 and the instant building permit No. 2,3700,500,000,000 won, and the remainder was paid to the victim.

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