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. The Defendant, not delegated the sale of the instant resolution by E, but merely sold the instant resolution in KRW 278 million to the victim after purchasing the instant resolution in KRW 300 million.

Therefore, the Defendant, as indicated in the facts charged in the instant case, did not deceiving the victim, but the lower court erred by misapprehending the fact, thereby convicting the Defendant.

B. The sentence imposed by the court below on the defendant (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. First of all, we examine the argument of mistake of facts.

A. The facts charged and the lower court determined that “The Defendant, at the D Licensed Real Estate Agent Office located in Seongbuk-gu Seoul, on March 3, 2010, got a loan of KRW 230 million from the seller E-owned Seoul, and falsely stated that the purchase and sale price of the said real estate was KRW 300 million to the purchaser G. However, the Defendant was aware of the fact that the purchase and sale price of the said real estate was KRW 280 million, and that the difference was KRW 20 million, and the Defendant was thought to have been the Defendant. The Defendant received KRW 50 million from the victim as the down payment around March 3, 2010, and around April 26, 2010, the Defendant was given KRW 200 million from the Agricultural Cooperative as security and received KRW 230 million from the victim’s money under the pretext of the suspended execution on May 7, 2010.”

B. The prosecutor bears the burden of proving the facts charged in a criminal trial for the judgment of the trial court, and the recognition of guilt is a judge.