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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal is that the Defendant entrusted F with the sale of the apartment owned by the Defendant, and the victim voluntarily stated the issue of releasing the provisional attachment of 7 bonds in the process of releasing the provisional attachment of 7 bonds from Dong-cheon-si D apartment (hereinafter “the apartment of this case”) and F did not report the talk about the cancellation of the provisional attachment, or did not act as deception against the Defendant, and therefore, the lower court convicted the Defendant of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.
2. Determination
A. Determination of mistake of facts and misapprehension of legal principles 1) The Defendant asserted the same purport as the above grounds for appeal in the lower court’s judgment, and the lower court convicted the Defendant of the facts charged of this case based on the evidence as stated in its reasoning. 2) The following circumstances acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court and the lower court, i.e., ① in an investigative agency and the lower court’s judgment, “F, around April 20, 2013, upon cancellation of provisional seizure, shall repay KRW 30 million out of the debt 70,000,000,000 won of the instant apartment 104,303, 300,000 won to the victim’s house and complete the registration of ownership transfer.” This means that “The Defendant and the victim stated in the lower court to the effect that he/she had consistently obtained prior consent from the Defendant while making a statement on the instant apartment 103,300,000 won.”
“A statement (117 pages of the trial record) was made to the effect that it is “,” and G, the husband of F, the victim and the victim, June 20, 2013.