The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant did not have the intention to commit the crime of defraudation of facts, and the Defendant still has the obligation to repay as a debtor, as the establishment registration of a neighboring mortgage with the obligor was established with respect to forest land, such as Gyeonggi-gu I owned by the Victim G (hereinafter “victim”) (hereinafter “I land”), such as Gyeonggi-gu I, the G (hereinafter “victim”), and as such, the Defendant cannot be deemed to have acquired the money recorded in the facts charged.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. In light of the various sentencing conditions of the instant case, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts 1) The following facts are acknowledged according to the evidence duly admitted and investigated by the lower court, including the statement of E and real estate sales contract, etc.

(3) In selling the purchase price to the victim at KRW 188,00,000, the down payment of KRW 30,000 for the purchase price is received as the contract date, and the remainder is paid on March 30, 201; however, the victim entered into a sales contract with the content that the victim shall receive and pay the said down payment of KRW 30,000,000 for a security on the instant land owned by the victim (hereinafter “instant sales contract”).

(3) On December 15, 2010, the Defendant and the victim drafted a “agreement” to cancel the sales contract for the instant land and to settle the price relations, at the same time as the instant sales contract was concluded.