The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the facts charged of the instant case can be fully recognized that the Defendant acquired real estate proceeds by deceiving the victim through G, E, etc.

2. Determination

A. In the trial of the competent public prosecutor, the part of the facts charged in the instant case that “the market price of the instant land is KRW 120,000 won per square day” was added to the victim’s false statement in the judgment of the competent public prosecutor, and this court permitted this, which led to the change of the object of the trial, the judgment of the court below was no longer maintained.

However, the prosecutor's argument about mistake of facts is still subject to the judgment of this court in relation to the revised facts charged, and this is examined below.

B. (1) The summary of the revised facts charged by the prosecutor’s assertion of mistake of facts and the changed facts charged is that the Defendant worked as the representative director of C&C corporation for the purpose of real estate sale business from September 2012 to October 2012, and has overall control over its work. Around December 2012, 2012, the Defendant reported D as an individual business operator and engaged in planning real estate business.

On March 2013, the Defendant: (a) around March 2013, to D staff E, planned to attract investors because the market price of the said land is KRW 120,000 per 3.3 square meters; and (b) there is a possibility of development after five to six years.

Around March 10, 2013, the above E introduced the above land to D staff G, and G falsely concluded that “A cafeteria has a good land in the vicinity of the Kim Jongcheon-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, and the land price rise after three years from the time the land was set up, so that there would be a lot of profits from the market price. The market price of the land in this case is KRW 120,000 won per square meter. The price of the land in this case is KRW 1,089 square meters of 36 million per square meter.”

However, in fact, the individual land price shall be 2,270 won per 1 square meter, and the actual transaction price shall be 3.