The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. The L’s statement that the Defendant and the Defendant purchased the planned real estate with the money prepared by the Defendant, and that the victims were first considered in the police investigation is not consistent with the Defendant’s false statement to take responsibility for the conflict of interest, and cannot be trusted because it is inconsistent with the other witness’s statement in the position that the Defendant and the Defendant conflict with the other witness’s statement. In the process of the examination of the witness in the lower court, H’s statement that was false in the process of the examination of the witness in the lower court cannot be believed, and H did not indicate the victims as the work of N, and there was no intention to commit fraud by deceiving the victims to acquire the purchase price.

Nevertheless, the court below found all of the charges of this case guilty, and the judgment of the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. In the facts charged of this case, the court below erred by misapprehending the legal principles as to the "indirect offense" since it did not specify how the Defendant used H as a tool through what process, and since it was impossible to recognize the Defendant's superior intention control, H cannot be seen as an instrument.

2. Determination:

A. According to the evidence duly admitted and investigated by the lower court, the following facts can be acknowledged.

1) The design drawings of multi-household housing that the Defendant received from L with respect to the instant crime are the area of 113 square meters in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant real estate”).

(2) On November 30, 2006, in relation to the instant real estate, the registration of ownership transfer was made in L name on the land on the land on which 13 households were planned to be newly built, such as 152 square meters in the same O, 112 square meters in the same PP. (2) On March 5, 2007, each 29.731 square meters in the name of Q (victim F's wife), R (H R (her husband) and S (victim J).