The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In making a sales contract for E-penty (hereinafter “instant penty”) located in D, the Defendant: (a) introduced F to the victim; (b) delivered a written contract for a transaction made by a certified broker to the victim; and (c) did not in collusion with F and G, thereby deceiving the victim.

However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court, the lower court acknowledged the fact that the Defendant, in collusion with F and G, had the victim believe that the intent and ability to pay the purchase price of the instant pention was reliable, deceiving the victim, and obtained profits equivalent to the use of the instant pention with the delivery of the instant pention owned by the victim, and also recognized the intent of defraudation.

① In 2010, the Defendant, along with the name F, G, and 20 persons, resided in the instant pention and paid KRW 3 million with the charge for using the pention. On May 2012, the Defendant sought the said pention and proposed that J and K, a manager of the pention, sell the pention.

At the time of the police investigation, the Defendant was aware of F and G around January 2, 2012 at the time of the instant investigation, and he was aware of the two persons at that time, and there was no fact that the Defendant found B and B around 2010.

However, the Prosecutor stated that “F was covered by the border of 2010” in the Prosecutor’s investigation, and stated that F was only F and G, and that F was a person who was the Chairperson of I and was a big person when he went to the pention around May 2012.