A. There is no intention to commit fraud by mistake of facts and misunderstanding of legal principles against the Defendants.

B. The lower court’s punishment (for Defendants, four months of imprisonment and one year of suspended sentence) against the illegal Defendants is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the Defendants also asserted the same as the grounds for appeal in this part, and the lower court, under the title “the grounds for conviction”, stated in detail the Defendants’ assertion and judgment, rejected the Defendants’ assertion and convicted the Defendants of the facts charged.

In full view of the following circumstances acknowledged by the court below in accordance with the evidence duly adopted and investigated by the court below, the court below's above determination is just and acceptable, and there is a violation of law by misunderstanding of facts and misunderstanding of legal principles as alleged in the judgment below, as otherwise alleged in the judgment below.

subsection (b) of this section.

① At the time of committing the instant crime, the Defendants were unable to carry out considerable financial support for the Defendants, including in order to dispose of the real estate under the name of the JJ, Defendant A, as well as in order to establish a corporate operating fund.

② The Defendants actually carried out a large-scale contract in an amount equivalent to KRW 6 billion with large and medium enterprises that are asserted as immediately preceding the sexual death to the victim via H.

It is difficult to see that the Defendants used the money received from the injured party as a patent development cost.

It is argued only, and there is no evidence to submit it.

③ At the time of the instant crime, the sum of the maximum amount of senior mortgage claims established in the J’s real estate was KRW 370 million, and the real value of the said real estate was KRW 350 million through KRW 350 million.