The judgment of the court below is reversed.

The Defendants are not guilty of the primary facts charged in the instant case.

According to the evidence submitted by the prosecutor, H is not the purchaser of the instant sales contract, but the purchaser’s agent, and the purchaser is the first stock company operated by the victim G. According to the instant sales contract, the Defendants are obliged to perform the registration procedure for ownership transfer of the instant land to the first stock company according to the instant sales contract.

Nevertheless, the judgment of the court below which acquitted the Defendants of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

The prosecutor of the judgment ex officio changed “victim G” from among the facts charged in the instant case to “the director G of the victim I,” and applied for the amendment of a bill of amendment to the indictment, which adds the ancillary facts charged as follows, and the court permitted this and changed the subject of the judgment, the judgment of the court below was no longer maintained.

However, the argument that the mistake of facts about the primary facts charged before the change is still subject to the judgment of this court, and this will be examined.

[Preliminary Facts charged] Defendant A is the owner of D forest land at Namyang-si, Namyang-si, and Defendant B is the person who purchased the forest land by borrowing the forest land as collateral with the Defendant’s investment together with KRW 7,000,000.

Defendant

B Around April 1, 2002, a contract was concluded to sell the victim H and the above forest to KRW 260,000,000 with the delegation of Defendant A at the F Authorized Brokerage Office located in Namyang-si, Namyang-si, E around April 1, 2002, and the contract deposit amount of KRW 5,60,000 on the same day from the damaged person, part of part payment to the early policeman of the same month, and KRW 20,40,000 on the same year

4. After receiving each of the intermediate payment of KRW 34,00,000 on or around 19.1, around August 9, 2002, G succeeded to KRW 200,000,00, which was established as a right to collateral security in the above forest and field, and received full payment of the purchase price of the above forest and field. Thus, the victim is the above forest and field.