The judgment of the court below is reversed.

The defendant shall be innocent.

1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal can be found guilty of the modified facts charged.

2. The ex officio judgment prosecutor applied for changes in the indictment of this case in the trial of the party, and since this court permitted these changes, the judgment of the court below cannot be maintained as it is.

3. In conclusion, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is so decided as follows.

[Judgment to be used again]

1. On April 3, 2015, the Defendant was sentenced to imprisonment with labor for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, at the Seoul High Court (hereinafter “Seoul High Court”) and the said judgment became final and conclusive on April 11, 2015.

The defendant is the joint implementer of Dongdaemun-gu Seoul Metropolitan Government apartment reconstruction project, and was the D representative director, and the victim G entered into a sales contract under the Dongdaemun-gu Seoul Metropolitan Government Office Office Officetel 307.

On May 2012, the Defendant concluded that “The Defendant would have transferred KRW 5 million out of KRW 40 million of the intermediate payment to an individual account to be sold in lots” to the victim at the first place above, “The Defendant would have received the intermediate payment.”

However, in fact, the officetel sales price should be received in the name of corporation D, so even if the defendant received five million won from the injured party, he did not have an intention or ability to handle it as part payments.

The Defendant, as such, by deceiving the victim, received a total of five million won from the victim to the account (F) of the National Bank Account in the name of his/her father, under the pretext of the intermediate payment of officetels from the victim.

2. According to the judgment of the court below and the evidence duly admitted and examined by the court below, the defendant's part payments against the victim in officetels are written in the facts charged.