The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) purchased from K to sell the commercial building as stated in the facts charged of the instant case (hereinafter “instant commercial building”) to F for KRW 16 million, and thereafter, the said F sold the commercial building again to the victim. The Defendant fulfilled its duty as a seller by receiving a sales contract with the registered titleholder of the instant commercial building as a seller in relation to the sale of F. On the other hand, in the process of receiving the down payment of KRW 3 million out of the sale price from F, it is merely a process of directly remitting the purchase price that the victim would pay to F to the Defendant.

In the end, F should bear responsibility for the victim, and there is no fact that the defendant acquired money by deception against the victim.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the victim stated that the defendant had made a statement of deception as stated in the facts charged of this case directly from the defendant, and the defendant also stated at an investigative agency that he had made such a statement (Evidence No. 143, 332, etc.). Unlike the changed appeal in the statement of grounds of appeal in this case, the defendant prepared and delivered a receipt that he actually received KRW 3 million from the victim as the down payment for the commercial case in this case (Evidence No. 155, 185, page 185), and agreed that he would return the money received from the victim to the victim (Evidence No. 6, page 6, while the defendant changed from the grounds of appeal in this case, it is difficult for the investigative agency to believe that the defendant sold the commercial case in this case to the victim in this case with KRW 16,000,000,000,000 to the victim.