The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The defendant's vested right (the time and expenses required by the defendant) to purchase the land of this case and the adjacent land (hereinafter "the land of this case"), which was owned by the Gyeongbuk Tourism Development Corporation in the plan to develop mistake of facts, was recognized as the victim. Accordingly, the defendant entered into a service contract with the victim to purchase the land of this case and to deal with all the affairs of authorization and permission, which is to purchase the land of this case, with the victim, and thus, the defendant was paid a down payment of KRW 50 million,000,000,000, which is to receive service payment from the victim, and not by deceiving the victim as shown in the facts charged of this case, but by deceiving the victim, it is impossible to purchase the land of this case. In addition, the purchase of the land of this case was not possible due to the cancellation of the sales contract between the victim and the Gyeongbuk Tourism Development Corporation due to the refusal of alteration of the present state of the Cultural Properties Administration's cultural Properties Act, which affected the conclusion

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On September 30, 2009, the summary of the facts charged in the instant case stated that “The instant land owned by the Gyeongbuk Tourism Development Corporation is adequate as the training site site, and it is possible to change the use into the training site, and it is possible to change the use into the training site, to the employees of the Gyeongbuk Development Corporation, 50,000,000 won as the down payment,” to the victim F, who was aware of the site for the Gyeongbuk Tourism Development Corporation, at around September 30, 2009.

However, the land in this case was the land that was intended to sell to the general public through normal bidding process on the side of the Gyeongbuk Tourism Development Corporation, and the land was sold at the highest price on the side of the Gyeongbuk Tourism Development Corporation.