The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. At the time of the instant sales contract, the Defendant did not agree to cancel the right to collateral security established on the land subject to sale (hereinafter “each land of this case”) which was paid to the victim as the down payment, and did not intend to cancel the right to collateral security with the victim’s payment of the remainder, but did not make the victim’s cancellation of the right to collateral security because the victim failed to pay the remainder.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of mistake of facts, the Defendant made the same assertion as the grounds for appeal in this part, and the lower court rejected the above assertion on the grounds of various circumstances as indicated in its reasoning. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the first instance court, the lower court’s aforementioned determination is justifiable, and thus, the Defendant’s assertion of mistake of facts is rejected.

1) The Defendant received 35 million won equivalent to 50% of the purchase price of each of the instant lands from the victim at the time of entering into a contract. Of the above money, the Defendant recognized that the amount to guarantee the performance of a contract is equivalent to KRW 7.5 million, which is about 10% of the purchase price, and that the remainder of KRW 27.5 million was paid in advance in advance to be paid as part payments (Article 20, 21 of the Litigation Record). As above, the Defendant, upon entering into a contract, was first paid the down payment much much more than the ordinary down payment, at the time of entering into a contract, secured collateral obligation of the right to collateral security established on each of the instant lands.