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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant: (a) at the time of mediating a sales contract with the amount of KRW 50 million for the victim, the Defendant agreed to keep the amount of KRW 50 million for the victim at the time of entering into the sales contract with the amount of KRW 8312 square meters for the land in Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “instant real estate”); (b) however, the Defendant did not have to keep the amount of KRW 80 million for the part payments; and (c) even though the Defendant paid KRW 130 million for the E Co., Ltd. with the victim’s implied consent after entering into the instant sales contract, the lower court found the Defendant guilty of the instant facts charged. In so doing, it erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. The following circumstances are acknowledged by the evidence duly adopted and examined by the court below. ① Of the special terms and conditions attached to the sales contract of this case (E: the seller and the victim), the seller of this case shall substitute the purchase and sale agreement amount with the purchase and sale agreement amount (50 million won). Paragraph (6) of this Article provides that "the seller shall cancel the sale and sale agreement amount within three months after the purchase and sale agreement is made," and Paragraph (7) of this Article provides that "the buyer shall pay the first intermediate payment (250 million won) upon completion of the seller's implementation of Paragraph (6)." Paragraph (11) provides that "the seller and the buyer shall establish a transfer registration under the name of the buyer at the time of the first intermediate payment." Paragraph (18) provides that "The seller and the buyer shall deposit the sale and sale agreement amount as a licensed real estate agent with the real estate office as evidence until the execution of Paragraph (6) of this Article is completed."