A defendant shall be punished by imprisonment for not more than ten months.

A. Defendant 1) The Defendant, who misleads the victim of the fact, acquired 50 million won or more from the victim.

The remainder of KRW 50 million was committed by E and F, and there was no conspiracy with the Defendant to commit these crimes.

2) The sentence sentenced by the lower court to the Defendant (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged was that the Defendant was former C(ju) and that the Defendant could not start the removal work for reconstruction as soon as possible, inasmuch as it did not meet the requirements necessary for the formation of a new association after cancellation of the authorization to establish a regional housing association around March 16, 2011.

As such, C(State) has no authority to conclude all contracts related to the reconstruction project, and therefore, C(State) has, despite the absence of intent or ability to allow another person to carry out the reconstruction project, intended to receive money for the purpose of preparing insufficient activity expenses, and conspired with E/F to receive money for the purpose of carrying out the removal service contract.

On February 7, 2012, the Defendant was introduced in Suwon-si G in Suwon-si, and C(State) office in the second floor, E, and F, and found out the place, and C(State) has the execution right.

If a removal of an apartment on the ground or underground is scheduled to commence the removal work within two months, the total size of the removal will be 1.4 billion won.

In order to provide removal services, 100 million won shall be paid in advance on the basis of deposit money and introduction expenses, and it shall be granted KRW 100 million from the damaged party, in collusion with E and F, and KRW 100 million shall be paid.