The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The Defendant, who was not aware of the facts, was either conspired or did not participate in obtaining a total of KRW 1,199,850,000 from the injured party B.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, Section B (1) purchased C apartment reconstruction (hereinafter “C apartment”) from the injured party from the purchase, and KRW 300 million on December 23, 2009, as the name of the investment money of the business that would have purchased the C apartment reconstruction (hereinafter “C apartment”) or the purchase price of the apartment, and KRW 100 million on January 25, 2010, respectively.

2.9.20 million won, and the same year.

4. On 21. 599,850,00 won was remitted and defraudeded, and the Defendant did not directly meet with the victim or have divided one another’s talk until each of the above transfers was made.

In addition, the defendant actively instructed B to acquire the above nominal money from the damaged person.

It is also difficult to find any circumstances to view.

2) However, B stated to the effect that “The Defendant and J may purchase several households of unsold C apartment units worth KRW 900 million per household, including brokerage commission fee of KRW 50 million per household. If a person wishes to purchase it, B would have received money in advance, and received money from the injured party,” and that “B received money from the injured party in collusion with the Defendant to receive the said money from the injured party.”

Therefore, in order to determine whether the Defendant and B have a conspiracy of fraud against the victim, the detailed contents and credibility of the above statements should be followed.

3) B made the following statements in the court of first instance.

① Since around September 2009 or around October 2009, J introduced a person who will make an investment in the business of purchasing apartments in the amount of KRW 650,000,000.