The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the factual error) was not known that C was false when a complaint of this case was filed against C.

Nevertheless, the lower court erred by misapprehending the facts charged in the instant case.

2. Determination

A. A summary of the facts charged in the instant case [Attachment 1] 1) Around September 4, 2015, the Defendant: (a) concluded a real estate sale contract with Eunpyeong-gu Seoul (hereinafter “1 real estate”) to purchase the down payment of KRW 30 million and the remainder of KRW 270 million (total purchase price of KRW 300 million) with KRW 198 million; (b) as security, the Defendant paid KRW 198 million to C; and (c) completed the registration of ownership transfer for reasons of sale and purchase on October 19, 2015; (d) B filed a lease contract for KRW 200 million with the Seoul District Court on the premise that the lease contract was made on or around September 4, 2015; and (e) signed a lease contract with KRW 200 million on or around September 14, 2015; and (e) completed the registration of ownership transfer of KRW 1600,000,000 for G real estate on the premise that the payment of the purchase price was made.

On the other hand, on June 20, 2016, H, the owner of the second real estate, entered into a real estate sales contract to sell K and 2 real estate at KRW 120 million, and C, as a licensed real estate agent, has mediated this sales contract, and K completed the registration of ownership transfer for 2 real estate on August 18, 2016.

After that, K around August 22, 2016: (a) around August 22, 2016, the Defendant’s ASEAN and the 2nd real estate.