The judgment of the court below is reversed.

The accused shall announce the summary of the judgment of innocence.

1. Summary of grounds for appeal;

A. Defendant: (a) misunderstanding of the facts and legal principles, the Defendant became aware of the Victim G only after receiving a complaint; (b) F also became aware of around November 18, 2010; and (c) in collusion with F and C, there was no false business transfer agreement (a false business transfer agreement) and any other side agreement, by deceiving the Victim, thereby deceiving him/her of KRW 50 million.

The judgment of the court below on the premise different from this is erroneous in the misunderstanding of facts and legal principles.

B. Prosecutor: The sentence sentenced by the lower court (4 months of imprisonment, 2 years of suspended execution) is too unhued and unfair.

2. Determination

A. The Defendant, via C, agreed to transfer the instant facts to F in KRW 160 million on September 30, 2010, while substantially operating the “Modern Automobile Services E” located in Seo-gu Daejeon, Daejeon from October 2008, and agreed to transfer the said facts to F in KRW 100 million.

At least the above E has been substantially operating L until September 30, 2010, and Defendant A had been actually operating “I” (the nominal owner of business registration: J) through “I” (the nominal owner of business registration) to December 31, 2012. Therefore, it seems somewhat unclear whether Defendant A actually operated the above E through “A” (the nominal owner of business registration) from June 19, 2007 to December 31, 2012. However, since whether to modify this part of the facts charged does not affect the conclusion of the instant case, the facts charged in the lower judgment are written.

While the Defendant was seeking to invest KRW 50 million out of the acquisition price of the above E from the victim G, the victim would not make an investment if the acquisition price of the above E exceeds KRW 110 million.

As such, the phrase “a request to enter into a false transfer contract of KRW 10 million (hereinafter referred to as “instant one contract” in this case)” refers to F’s request by C to the effect that F would take over the above E, and the fact that F would take over the above E is the acquisition price of KRW 160 million, but the acquisition price was KRW 160 million.