The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Summary of Grounds for Appeal

According to the business plan and proposal submitted by the victim D and the statement in K in the original trial court, the defendant discussed the right to sell in lots with the victim as well as the right to sell in lots, and it is recognized that the defendant visited the site of Etel samples with the victim, there is no means to repay the defendant, and the defendant decided to repay the next day of the loan but has failed to perform it. In full view of the consistent statements from the investigation stage of the victim to the original trial, the court below found the defendant not guilty of the facts charged in this case, despite the fact that the defendant deceivings the victim as stated in the facts charged, is sufficiently recognized.

Ex officio determination (in addition to the facts charged in preliminary action) The prosecutor shall be the primary facts charged in the trial, and the following 4-A:

The scope of the trial was changed according to the court's permission to add the facts charged as stated in the subsection.

However, the prosecutor's argument of misconception of facts about the primary facts is still subject to the judgment of this court, so it is judged.

On June 13, 201, the main facts charged by the Defendant in the judgment on the grounds of appeal by the prosecutor against the primary facts charged are as follows: “A land trust and trust agreement was almost all made with respect to an officetel newly constructed in E in E (hereinafter “the instant officetel”) at the victim D’s office located in E in E in E in E in E in E in E in E in E in E in E in E in E in E in E in E in order to execute the loan immediately. However, to do so, 20 million won will be paid to the head of the land trust team in Korea in advance. If the funds are executed, the Defendant paid D money immediately, and written a sales agency agreement for the instant officetel as well.”

However, the facts relate to the construction of the instant officetel.