The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant purchased H and E from the Ha to the YYF and G from the Y, and acquired some of the above land (hereinafter the above two parcels of land divided from the YYG and F, hereinafter referred to as the “instant land”). Since D demanded the return of the purchase price, it was rejected by D, it is true that the Defendant filed a complaint against H and E selling the instant land to I as a crime of breach of trust. Even if D disposes of it according to the partnership with the Defendant, it was already reversed at the time of disposing of the instant land to I, the Defendant and D’s business relationship had already been destroyed by D at the time of disposing of the instant land.

B. The lower court’s sentence of unreasonable sentencing (fine 15 million won) is too unlimited and unfair.

2. Judgment on the assertion of mistake of facts

A. Of the facts charged in the instant case, the Defendant, in combination with D, agreed to purchase the land F, G, in order to resell it into the site of electric source housing after purchasing the land under the name of E, and accordingly, concluded a sales contract with H, the husband of E, for the said land on January 10, 201, and paid in full on April 4, 201.

After that, the Defendant and D sold part of the land purchased under the business agreement to I by dividing it, and demanded H to make a direct registration of ownership transfer in the name of I, and H transferred the ownership of the land under the name of I.

However, when the Defendant was anticipated to have a dispute with D, which is a partner, and the damage was incurred in the same business, he filed a complaint with E as double selling of H, and tried to cancel the real estate sales contract between H and the Defendant and receive a refund of the purchase price.

On February 15, 2012, the Defendant, at the request of the public service center of the Jeonnam Police Station, located in 146, Y and E, in the Jeonnam-gun, Y and the Jeonnam-gun, the two parcels of real estate between H and E are located.