The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the defendant of the facts charged in this case, although the defendant could sufficiently recognize the fact that he had acquired pecuniary benefits by deceiving the victim as stated in the facts charged in this case, and the court below erred by mistake

2. Prior to the judgment on the grounds of ex officio appeal, the health department, the prosecutor applied for amendments to the indictment with the content that the indictment of this case was modified by the court prior to the judgment on the grounds of the ex officio appeal. Since the subject of the judgment of this case was changed by this court, the judgment of the court below was no longer upheld.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows after pleading.

【Grounds for another judgment】

1. The summary of the revised facts charged is that the Defendant would have completed the construction of the apartment house in another place and sell the said apartment house to the victim B at the mutual influent restaurant located in the Jindo-gun, Jindo-gun, Jindo-do. The extent of KRW 130,000,000,000 for the remainder of the charges.

Without doing so, the construction of the foundation of the new studio in Jindo-gun C, the owner will receive the balance of the above apartment house and pay the construction cost at the rate of the base and the rate.

In addition, upon the completion of the completion of the construction by additionally performing the finish work, such as the installation of an electrical line, the bank will provide the studio of the new construction as security and pay the completion construction cost by receiving the loan.

“False speech was made to the effect that it was “.”

However, at the time, the defendant clearly expresses his intention not to pay the balance of 1.3 million won until the completion of the repair of the defect in relation to the separate house construction.