The sentence against the accused shall be 7,000,000 won.

The above fine shall be imposed on the defendant.

A. In order to purchase the entire commercial buildings within the Incheon District District (hereinafter “instant commercial building”) recorded in the facts constituting a mistake of facts in the judgment of the court below, it shall submit a bank balance certificate of KRW 1.7 billion to F Co., Ltd. (hereinafter “F”), but the victim D failed to prepare it, and the defendant was not issued a letter of intent or ability to issue the letter of intent to sell the commercial building. Of KRW 4.5 million stated in the facts constituting a crime in the judgment of the court below, 4.5 million, out of KRW 4.5 million stated in the judgment of the court below, 4.5 million, the victim paid the victim D with the amount of KRW 1.8 million borrowed individually from D and agreed to substitute it, and did not receive it as a street loan for the F-related persons, such as the facts constituting a crime in the judgment of the court below, the court below convicted the defendant by misconceptioning the fact.

B. The sentencing of the lower court (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) the Defendant alleged that the instant commercial building was being carried out under a negotiated contract with the president of G Group H, i.e., the Defendant, through I from the audience and security officer, who was in a relationship with the president of H group; (ii) but the Defendant failed to submit all the aforementioned experience or objective materials proving the friendship with H president (I and only was stated in the confirmation document that the Defendant was introduced to the F officer through J, a high-speed line), and (iii) the Defendant submitted to F a bank balance certificate of KRW 1.7 billion in down payment, the instant commercial building was able to be purchased under a negotiated contract, and in fact K was actually sold the instant commercial building under a negotiated contract, but at all, submitted objective materials supporting this.