The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. Summary of grounds for appeal;

A. In fact, the Defendant, from the victim C, purchased 4,510 square meters of the BF forest in North Korea-gun, North Korea-gun, as well as 9,98 square meters of D miscellaneous land, and 5,217 square meters of D and E miscellaneous land, at the same time, determined the price as KRW 80 million, and KRW 300 million was paid by the Defendant in the manner of accepting the collateral obligations for the collateral rights established on the above E and D land.

The Defendant paid to C the sum of the down payment and the intermediate payment of KRW 50 million, and takes over KRW 300 million for the above collateral obligation, and then, registered ownership transfer of part of the land equivalent to KRW 350 million for the said already paid amount with the victim, with the victim first received the registration of ownership transfer. The Defendant merely received the registration of first transfer of ownership of the said D land 1/2 shares and E out of the sale object.

The defendant did not have any criminal intent to obtain the balance of the real estate purchase price of KRW 450 million, and did not have any pecuniary gain equivalent to KRW 450 million.

B. The sentence sentenced by the lower court to the Defendant (four years of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

(1) First, in cases where a person who was convicted pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”) was unable to appear in the trial due to a cause for which the defendant cannot be held liable, the defendant, etc. may request a retrial to the court of first instance within 14 days from the date on which he/she became aware of the fact that the judgment was rendered pursuant to Article 23-2(1) of the Litigation Promotion Act (hereinafter “the retrial provision of this case”). If the defendant, etc. was unable to request a retrial within the said period due to a cause for which he/she cannot be held responsible, he/she may request a retrial to the court of first instance within 14 days from the date on which the cause ceases to exist.