The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Although misunderstanding of facts and misapprehension of the legal principles did not conspired with A to commit the instant crime, the Defendant conspiredd with A to deceive the victim.

The judgment of the court below is erroneous in the misapprehension of facts and legal principles.

B. The punishment of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is the actual owner of the building as the spouse of J, who is the owner of the building I in Busan-gun, and A has worked as a real estate intermediary from February 2, 2012 to Busan-gun G as a real estate intermediary from the “H real estate” located in Busan-gun G.

In fact, the Defendant and A conspired to receive additional premium under the pretext of delivering it from a new lessee in addition to the deposit money for commercial lease in spite of the fact that the first floor of the building in question had no immediately preceding lessee due to the public room.

The Defendant and A around February 15, 2012, the victim F, who was found to rent the 1st floor of the above building in the H real estate office, is a short-term sublet to the Plaintiff, and the Defendant and A, “The first floor of the 1st floor of the 1st floor of the 1st floor in Busan-gun, Busan-gun, paid to the former lessee the amount of KRW 150 million for the premium of KRW 76,00,000,000 to the former lessee and did not open the L store business in the same place, but did not open the business to another person.

On February 17, 2012, 201, 1350 million won is paid to KR, and it is false to conclude a lease contract with the owner of the building. It is concluded a commercial building lease contract with the victim about the first floor of the building above around February 17, 2012, which is KRW 100 million, monthly rent, and KRW 135 million, from the victim to the bank account in the name of KR on March 2, 2012.

However, in fact, K serves as an employee of H real estate.