A. The Defendant, from the beginning, agreed to pay the transfer price of 3,00 shares of M Co., Ltd. (hereinafter “M”) to D without intent or ability to pay the transfer price of 3,000 shares, and received the shares from D, and during that process, the Defendant was found guilty of this part of the facts charged on the ground that the Busan Traffic Corporation attempted to implement L Development Project (hereinafter “instant Development Project”), and the Defendant was fully aware of this part of the facts charged. However, the lower court erred by misapprehending the fact that the lower court acquitted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for August and one hundred and twenty hours of community service) is too uneasible and unreasonable.

2. Judgment on the assertion of mistake of facts

A. On November 2006, J established K Co., Ltd. (the trade name was changed to “M” on March 3, 2009; hereinafter the same shall apply) and promoted the instant development project as a result of the implementation of the instant development project, M around May 28, 2008, was selected as a priority bidder of the instant development project from the Busan Traffic Corporation, the owner of the instant development project, but the conclusion of the concession agreement was delayed due to the following problems:

Around July 2009, the Defendant knew that the progress of the instant development project is being delayed, and the J knew that it was known to the vice president of the Korea Land Trust and so requested to do so to do so, the Defendant would accept the “development trust” from the Korea Land Trust in order to develop the development project.

In addition, through the personnel related to the high-ranking staff of the NIS known to the Republic of Korea, the concession agreement for the development project of this case will be concluded by contact with the Busan City and the Busan Urban Transportation Corporation.

In order to carry out such a work, it is necessary to be considered as an operator of M.