The judgment below

The guilty portion shall be reversed.

Defendant

B shall be punished by a fine of KRW 7,000,000.

Defendant

B The above fine.

1. Summary of grounds for appeal;

A. In full view of the following, the prosecutor consistently asked Defendant A to sell the land indicated in the facts charged to L, and then stated that Defendant A returned the down payment and intermediate payment of KRW 17 million in total with respect to the said land and paid KRW 8 million in addition to the down payment and intermediate payment. The Defendant A also recognized this fact by the investigative agency, which can be seen as gains from resale, and thus, the sales contract between the Defendant A and L with respect to the said land is deemed to have been prepared as a seller for the purpose of concealing unregistered pre-sale and intermediate omission registration. ② The sales contract between the Defendant A and L for the purpose of concealing the unregistered pre-sale and the intermediate omission registration; ③ The payment of the remainder directly to L can be deemed to have been completed in return for the said land by Defendant A, thereby finding the Defendant guilty of violating the Act on Special Measures for the Registration of Real Estate.

Nevertheless, the judgment of the court below that acquitted the facts charged is erroneous and adversely affected by the conclusion of the judgment.

B. Defendant B 1 ① informed Defendant A of the information that Defendant A attempted to sell the land indicated in the facts charged, but did not receive any remuneration during the course of the sales contract between Defendant A and I, ② prepared a performance letter to L to the effect that if a road is constructed on a forest adjacent to the said land, it would allow the said road to be used, and did not intermediate the sales contract between I and L with regard to the said land. Upon the conclusion of the said sales contract, Defendant A, not the contracting party, paid KRW 10 million with an indication of the Manz.