The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The defendant did not have the intention to commit fraud.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following facts acknowledged by evidence duly adopted and investigated by the lower court and the lower court as to the assertion of mistake of facts, it is sufficiently recognized that the Defendant had the criminal intent to acquire by deception at the time of obtaining the registration of transfer of ownership on the land E and the land of the same Ri F (hereinafter “the instant trade land”) purchased from the victim while the Defendant would later pay the remainder of KRW 50 million.

This part of the defendant's assertion is without merit.

1) On February 21, 2013, the remaining payment date, the Defendant, unlike the content of the sales contract, paid only KRW 36 million out of the remainder KRW 386 million, and later paid the remainder KRW 50 million to the victim on February 21, 2013, which is the remainder of the payment date. Accordingly, it is difficult for the victim to be under its own circumstances. Accordingly, the Defendant paid the victim KRW 10 million on February 28, 2013, and KRW 40 million on March 31, 2013, and KRW 31,000 on March 31, 2013, and KRW 36,000 to the Defendant’s land in Kimpo-si, which is owned by the Defendant as collateral (hereinafter “instant secured land”).

(2) On January 15, 2013, when the Defendant completed the registration of transfer of ownership in the name of K Co., Ltd., whose representative is C Co., Ltd. on February 21, 2013, the Defendant had already completed the registration of transfer of ownership in the name of K Co., Ltd., whose representative is the Defendant’s birth on the same day. (2) On January 15, 2013, the security land of this case had already been registered for provisional registration of the right to claim transfer of ownership in the name of Non-K Information Co., Ltd., and the maximum debt amount of KRW 240 million and KRW 600 million.