The judgment of the court below is reversed.

The defendant is innocent.

1. Summary of grounds for appeal;

A. There was no mistake of fact that the Defendant had had a pharmacy located in the commercial building of this case, thereby deceiving the victim.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment and two years of suspended execution) is unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case [criminal record] was sentenced by the Incheon District Court on November 5, 2015 to a suspension of execution of four months for a violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the judgment became final and conclusive on November 13, 2015.

【Criminal Facts】

The Defendant is a person who entered into a sales agency contract with C in relation to the sale of “D building” (hereinafter “instant commercial building”) executed and constructed by C as the actual operator of B, a sales agency company, and the sales agency contract with C.

Around June 18, 2014, the Defendant, at the Seo-gu Incheon Building and B office located in Seo-gu, Incheon, and the Plaintiff’s office, reported that the instant commercial building was highly sold to the victim G, and that the contract was concluded by the victim and the victim of the contract was the president of the sales agency, and the victim would wish to purchase the said commercial building H. The purchase of the said commercial building H. would have the pharmacy occupant at the time of the purchase of the said commercial building H. The Defendant would have the pharmacy occupant. As the Defendant had entered the hospital and dental hospital, it would be reasonable to receive KRW 50 million per hospital.”

However, on April 19, 2014, despite the fact that the other buyers I already agreed to the effect that he would have a pharmacy located in the instant shopping district Jhoho Lake and K, it was not notified to the victim.

The Defendant, by deceiving the victim as above, was transferred KRW 156,810,016 from the victim to an account in the name of L Co., Ltd. designated by the Defendant for the same day as the down payment, and KRW 222,07,539 is the same as the first intermediate payment around March 4, 2015.