The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

provided that this ruling has become final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts is the Defendant’s 4,860 square meters of H-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

In relation to the above, the victim F (former G), together with L, would jointly purchase the above land at KRW 2.8 million per square day from L, and the down payment amount of KRW 100 million, out of the purchase amount, is about KRW 4,200,00 per square day, and approximately KRW 28,00,00 per square day, in which the Defendant’s wife sold to L. (hereinafter “the instant Y land”).

(2) Since the Defendant paid to L a balance of KRW 1.5 billion in the purchase price of KRW 1.5 billion in the purchase price to offset the balance of KRW 300 million in KRW 1.5 billion, he did not commit the act of defraudation as stated in the facts constituting the crime in the lower judgment. (2) The sentence (one year of imprisonment and two years of suspended execution) imposed by the lower court of unreasonable sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. On May 2005 and June 16, 2005, the Defendant was indicted as a charge of fraud. The lower court convicted the Defendant of fraud and acquitted the remainder on May 2005. The Defendant appealed against the lower judgment on the guilty portion by mistake of facts and unfair sentencing, and the prosecutor appealed on the ground of unfair sentencing only for the convicted portion, instead of filing a separate appeal against the acquitted portion. Accordingly, the lower court’s judgment on the acquittal portion in the judgment of the lower court became final and conclusive by the lapse of the appeal period, and thus, only the convicted portion in the judgment of the lower court shall be tried and determined in the trial.

3. We examine ex officio prior to the judgment on the grounds of appeal for ex officio. According to the records of this case, the defendant was sentenced to imprisonment with prison labor for the crime of damage to public documents at the Seosan Branch of the Daejeon District Court on June 13, 2008, two years of probation, one year of probation, and 40 hours of an order to attend a law-abiding driving lecture, and the above judgment on June 21, 2008.