The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. As to the fact that the Defendant, while selling the victim's land D and seven parcels outside of the Gyeongjin-gun, the Defendant: (a) deceiving the victim to the effect that "in relation to the fact that the Defendant should open access roads to the width prescribed by the Act to establish apartment houses with 200 or more households of the above real estate, he was the owner of the adjoining land within the land, and is responsible for and to open access roads with the permission to use it from Korea won; and (b) there was no intention to commit fraud.

B. Attempted breach of trust (1) The Defendant received KRW 300 million from G as the down payment, and did not receive the said KRW 300 million as part of the down payment and the intermediate payment, and thus did not commence the commission of breach of trust.

2) Since the Defendant’s sales contract with the victim was cancelled on or before October 21, 2014, which received down payment from G, prior to the victim’s failure to pay the remainder, the Defendant did not have any obligation to perform the procedure for registering the transfer of ownership of each of the instant real estate.

2. Determination

A. On April 2014, the Defendant introduced the aforementioned D and seven parcels (hereinafter “each real estate of this case”) owned by the Defendant to the victim E (hereinafter “the instant real estate”), and made a false statement to the effect that “In relation to the establishment of a wide access road as prescribed by the Act in order to form a multi-family housing with at least 200 households of each real estate of this case, the Defendant was responsible for and opened the access road with the permission of use from the source of land owned by one source, where the adjoining land within the instant real estate is owned by one source.”

However, even if the victim purchases each of the instant real estate, the Defendant did not have any intent or ability to open access roads to establish multi-family housing (the statutory minimum width is 6 meters) as above.

The defendant, around June 13, 2014, is located in the office of the defendant who is located in the Gyeongjin-gun F in North Korea between the victim and the victim.