The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the facts constituting an offense in mistake of facts in the judgment of the court below, the Defendant did not have received 30 million won in cash from the victim.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the following facts and circumstances acknowledged by the lower court’s duly admitted and investigated evidence, the Defendant may recognize the fact that the victim received KRW 15 million from the victim as the intermediate payment and down payment, KRW 8 million as part of the remainder after August 27, 2009, and KRW 7 million as the remainder after August 27, 2009.

Therefore, the defendant's above assertion is without merit.

① The victim consistently stated from the investigative agency to the lower court’s court, that he paid in cash the Defendant KRW 15 million for the use of a down payment and an intermediate payment in August 2009, KRW 8 million for the remainder on August 27, 2009, and KRW 7 million for the remainder on the remainder of August 27, 2009, in return for the purchase of KRW 782.8 square meters from among the 1,296 square meters of Kimhae-si C Forest and Forest in Kimhae-si.

② The real estate sales contract (Form 6 of the Investigation Record) dated August 25, 2009, which was delivered by the Defendant to the victim, stated that the down payment of KRW 10 million and the intermediate payment of KRW 5 million shall be paid on August 25, 2009, and the balance of KRW 15 million shall be paid on October 30, 2009. The Defendant’s body attached the phrase “the Defendant received KRW 8 million out of the purchase price of this site to the victim,” and “the Defendant shall receive KRW 30 million from the victim on August 27, 2009, the remainder of KRW 7 million from the victim on August 27, 2009,” thereby supporting the victim’s statement.

③ Notwithstanding the fact that the real purchase price was KRW 42 million on November 30, 2009, the Defendant entered a false increase in the purchase price, and thus, he/she himself/herself.