The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Case progress

A. On December 7, 1971, the Defendant, who became final and conclusive of the judgment subject to a retrial, was prosecuted by the Seoul District Criminal Court 71 High Court Decision 17426, and was sentenced to an order for additional collection of 8 months and 170,000 won at the first instance court.

On February 24, 1972, the appellate court (Seoul District Court 71No4927) appealed by the defendant, and reversed the judgment of the first instance on February 24, 1972, and sentenced the defendant to a judgment subject to a retrial of two years and one hundred and seventy thousand won of the suspended execution to eight months. The defendant did not file a final appeal against this, which became final and conclusive on March 3, 1972.

B. On July 23, 2013, the Defendant first requested the instant retrial on the ground that the Defendant was convicted of the Defendant on the ground of the Defendant’s accusation. Although the statute of limitations expired, the Defendant could not obtain a final judgment on the charge of an accusation but could not obtain a final judgment on such accusation due to the expiration of the statute of limitations, the Defendant determined that there was a ground for retrial under Article 420 subparag. 3 of the Criminal Procedure Act, and decided to commence a retrial on September 27, 2013, and that this became final and conclusive.

2. Summary of grounds for appeal;

A. The defendant does not receive money under the pretext of school expenses necessary for binding D from C.

B. The lower court’s sentencing (one month of imprisonment and one hundred and seventy thousand won of a surcharge) is too unreasonable.

3. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the defendant is working in the office of the department in charge of the medical affairs system of the Ministry of Health and Social Affairs (Grade 4A) with administrative branch officials (Grade 4A), and when the victim C filed a criminal complaint against the defendant who was the representative of the possessor of the above site and asked C to find the site in the criminal case while he was found to have failed to comply with the procedure for the registration of transfer of ownership of the building site that was rejected for about three years before the victim C, and if C intends to find the above building site, he/she shall be detained first, and if D is detained,