The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The prosecutor (1) made an agreement on December 3, 2009 on the settlement of accounts with E on December 3, 2009 with respect to the existing obligation (hereinafter “instant settlement agreement”).

Even if the defendant used the sale price for personal purposes without obtaining permission from E prior to the settlement agreement of this case, the judgment of the court below which judged otherwise is erroneous in the misapprehension of the facts, which affected the conclusion of the judgment.

(2) In light of the fact that the Defendant committed the instant crime using personal trust relationship, the amount of damage caused by the instant crime exceeds the amount revealed on the criminal facts, and is not agreed upon with E, etc., the lower court’s punishment is too unreasonable and unfair.

2. Ex officio determination

A. Before the judgment on changes in indictment and the prosecutor's grounds for appeal, prior to the judgment on the defendant and the prosecutor's reasons for appeal, the prosecutor applied for changes in indictment with the contents of the facts charged in this case as follows. Since this court permitted changes in the subject of the judgment, the judgment of the court below against the defendant cannot be maintained any more.

B. The summary of the revised facts charged was that the Defendant, around the end of the end of the year 2007, entered into a contract with E, the implementer, with the owner of the building of the building of the Seocheon-gu, Seocheon-gu, and three lots of Btel, and was engaged in the recruitment of buyers and the receipt of the sale price from the buyer on behalf of E.

(1) On December 2007, the Defendant entered into a sales contract with the victim H in the “G” brokerage office operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City with respect to KRW 302,00,000,000 for the sales price of KRW 130,000,000, and received KRW 15,000,000 on May 11, 2009 from the said victim to E for delivery as the sale price.