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. Summary of grounds for appeal;

A. Under the agreement with C, the Defendant: (a) sold the land D and E (hereinafter “instant land”) to F for KRW 477,4950,000; and (b) paid KRW 100,000,000 to C; and (c) there was no deception that the purchase price for the said land was KRW 600,000.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Summary of the facts charged in this case and the judgment of the court below

A. On November 28, 2003, the summary of the facts charged in the instant case stated that the Defendant shared shares at the rate of 1/2 with C on November 28, 2003, and purchased the instant land. On May 20, 2013, the Defendant called that “F made a call to sell G dry field for KRW 600 million to C, and that “F would make a transfer of KRW 100 million on the contractual date and receive any remainder of KRW 200 million after a month.”

However, in fact, the Defendant sold the instant land to F, one’s creditor, KRW 47950,00,000,000, and the remainder except KRW 100,000,000, was intended to apply the remainder to F for the repayment of obligations owed by the Defendant to F, and there was no intention or ability to pay KRW 30

The Defendant, by deceiving C as such, had C transfer 1/2 of the share of the instant land to F on May 24, 2013, and thereafter paid KRW 100 million to C on the same day, and did not pay the remainder of KRW 137.47 million equivalent to the share of C.

Accordingly, the defendant deceiving C, thereby acquiring property benefits equivalent to the same amount.

B. The lower court found the Defendant guilty of the facts charged, without any special conviction’s explanation, of H and C’s respective legal statements and prosecutor’s statement against J as evidence.

3. Determination

A. The following facts are established according to the facts established by the court below and the evidence duly examined and adopted by the court below.