A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

A. misunderstanding of facts and misapprehension of legal principles: (a) at the time of April 2007, the Defendant anticipated that the resident consent rate of the apartment development project of this case would be sufficiently achieved; and (b) the victims made a decision to make an investment under the detailed contents of the development project, and thus, the Defendant could not be deemed to have deceiving the victims.

② In addition, in order to secure the consent rate of the residents, the Defendant has continuously been punished through the service company and the promoters of the written consent, and in the case of apartment development projects such as this case, it is common sense that the resident's business consent rate rapidly increases after the regular project explanation session has been opened. The Defendant also opened a briefing session on November 23, 2007 and operated a systematic business plan, such as explaining in detail the concept of the project plan. Therefore, it cannot be deemed that there was deception.

③ The Defendant made efforts to increase the consent rate of KRW 200 million to the victims at the time of additional payment of KRW 200 million after September 30, 2007, which was agreed upon with the time limit of 60% for requisition, and the Defendant did not directly deliver the wrong consent rate to the victims or through co-defendant E of the lower court, and the lower court erred in matters of mistake of facts.

B. Unreasonable sentencing

2. Determination on the grounds for appeal

A. As to the mistake of facts and misapprehension of legal principles, the court below's reasons are various circumstances revealed in the reasoning of the judgment. ① The victims can obtain 60% consent from the land owners until September 30, 2007.

“The Defendant and E agree to provide money for the purpose of loans or investments on the condition that the agreed rate is achieved within the above-mentioned period (Article 3 of the Agreement of April 27, 2007, Paragraph 6 of the Additional Agreement of August 10, 2007), and Section 2 of the Agreement of August 27, 2007).