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The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is that the Defendant agreed to transfer the instant house located in the instant pented building with the victim to pay KRW 3 million in return, and the Defendant arbitrarily brought about the house of this case owned by the victim despite having been paid KRW 3 million by the victim, and thus, the lower court, despite the fact-finding, found the Defendant not guilty, is erroneous in matters of mistake of facts.
2. Examining the judgment on the grounds of appeal by the prosecutor ex officio prior to the judgment on the grounds of appeal by the ex officio judgment, the prosecutor applied for changes to the part of the facts charged in the instant case that “the prosecutor stolens them with the upper strings, etc. with the upper strings, approximately 20, and 2-3, among the above strings, with the upper strings with the upper strings, and approximately 20, and the upper strings with the upper strings,” and the subject of the judgment was changed by this court’s permission.
However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of the modified facts charged, even if there are such reasons for ex officio reversal.
3. According to the records on the grounds of appeal by the Defendant, the following facts are revealed: (a) around May 6, 2012, the Defendant agreed with the victim to transfer all the clothes (except clothes and fences) located in the Gyeonggi Pgu Q Q building and the victim entered into a contract with the Defendant to pay KRW 3 million to the Defendant; (b) the victim transferred KRW 3 million to the Defendant on May 9, 2012; (c) the victim mobilized the parts of the instant building on May 10, 2012, and putting the parts of the instant house, including the instant house, into the MT room; and (d) the Defendant personally loaded the instant house through F.