The judgment of the court below is reversed.

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

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant misunderstanding of facts only received KRW 50 million from the injured party, but did not receive KRW 150 million.

B. The misunderstanding of the legal doctrine is in a position to determine the appropriateness of the purchase price by itself, and the Defendant concluded a sales contract with a larger purchase price than the amount that R or S wishes to sell.

by the defendant in relation to the victim.

Although it cannot be seen, the judgment of the court below which recognized fraud is erroneous in the misapprehension of legal principles.

(c)

The punishment of the lower court (two years of suspended sentence for one year of imprisonment) is too unreasonable.

2. Determination

A. Before making a judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment with the content that the facts charged was changed as stated below in the judgment of the court below. Since this court permitted this, the judgment of the court below was no longer maintained.

The Defendant’s assertion of mistake or misunderstanding of the legal doctrine, despite the ground for ex officio reversal, is still subject to the judgment of this court within the scope relating to the modified facts charged, and is to be determined below.

B. On December 27, 2012, the Defendant wishes to enter into a contract with the victim H at the “G” office located in Seo-gu Seoul, Seo-gu, Gwangju, with respect to the land and buildings located in Gwangju-gu, and with respect to the land and buildings located in the seller’s side of the land and buildings at KRW 1.85 million.

The purchase price under the contract shall be KRW 1.7 billion, and KRW 150 million shall be paid in cash.

“The purpose was to say.”

However, in fact, the defendant was delegated by the seller of the above real estate to sell the above real estate in KRW 1.75 billion, and even if the defendant agreed that he would bring about KRW 50 million from the damaged party to the fee, he would receive KRW 50 million from the injured party in cash, whichever is more than KRW 50 million.