The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

1. The summary of the facts charged is a person who conducts landscaping business with the trade name “E” in Gangseo-si D.

Around April 6, 2009, F purchased pine trees of KRW 170 million, including KRW 170,000,000 and KRW 50,000,000,000,000,000,000,000,000,000 won, including Defendant 15,000,000, and KRW 15,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00,000,00,00,00,00,00,00,00.

On May 7, 2009, when the victim and J paid KRW 100 million to G for the intermediate payment to be paid by the F and the victim and the J paid KRW 50 million to G, the J will enter the additional investment of KRW 50 million as the purchaser of the tree sales contract. On the other hand, the Defendant agreed with the F to waive the right of KRW 170 with respect to H trees and to exercise the right of only KRW 41 with respect to H trees.

However, each of the above contracts was terminated because the victim did not pay the intermediate payment and the balance to the F and the F did not pay the intermediate payment and the balance to G.

Afterward, the victim purchased 170 million Won from G to 300 million won on May 20, 2009, and paid 50 million won as down payment to G, and 100 million won paid by the victim and J to G as the intermediate payment, and paid 20 million won as the down payment, and paid 80 million won as the remainder of intermediate payment on May 26, 2009, and paid 30 million won as the remainder of 50 million won on June 1, 2009, respectively, and paid 30 million won as the purchase price. As the victim acquired legitimate rights to 170 million won as to H pine trees.

However, on May 2009, the Defendant sold 41 shares of I tree to L in the amount of KRW 80 million and paid in full.