The judgment of the court below is reversed.

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

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant paid taxes, such as capital gains tax, etc. related to his/her sales contract, or received money by deceiving the victims to cancel the registration of establishment of a neighboring mortgage established on the real estate sold by him/her, and the nature of the crime is not good. The Defendant has been punished several times for the same crime, and the damage recovery for the victim D (the amount of damage KRW 24 million) has not been performed.

On the other hand, each of the crimes in this case is divided and reflected by the defendant, and the fact that the victim J pays 25 million won of the secured debt of the right to collateral security, which the defendant had committed to cancel, and acquires the ownership of the real estate purchased from the defendant by subrogation, appears to be equivalent to the cost required for the payment by subrogation and the withdrawal of auction (total amount of 26 million won), and that there is an agreement with the victim J in the trial, etc. is favorable to the defendant.

Therefore, considering the above circumstances, various sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, family environment, and circumstances after the crime, and the fact that the defendant has received a final judgment at the same time as stated in the criminal facts in the judgment of the court below, the court below's punishment against the defendant is deemed unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as the relevant column of the judgment below.