Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

except that this judgment.

A. Defendant A (in fact-finding and unreasonable sentencing) obtained permission from U.S. to perform the work of the victim E (hereinafter “victim”), Defendant A (in fact-finding and inappropriate sentencing) and settled the amount of KRW 28 million, out of the amount in custody by the victim’s land purchase price as the purchase price, Defendant A appropriated and settled the construction cost claim that Defendant A had against the victim.

Thus, Defendant A will bring about KRW 28 million with the consent of the victim, so the crime of embezzlement is not established.

Even if embezzlement is established, the punishment sentenced by the court below to Defendant A (limited to four months of imprisonment, two years of suspended execution, 80 hours of social service) is too unreasonable.

B. Defendant B (in fact-finding and unreasonable sentencing) did not only bring money to the Defendant B by a verbal agreement with the victim’s agent, as well as KRW 20 million in return for the service, but also did not think that the victim did not deceive the victim, and did not think that the victim took money.

Specifically, A has obtained permission by talking about this point to U.S.

Even if U does not have permission, A obtains permission from A, and A is a person who has been granted the power of attorney from the victim, and it is not deceiving the victim.

Defendant

B has believed that A has the authority to act for the victim, and that A has obtained permission from U and believed A's words, and therefore there is no intention to acquire it.

Defendant

B receives money from the seller in return for the seller's handling of taxes, inheritance, etc.

In addition, the delivery of KRW 38.5 million from Q was not received, but received KRW 19.5 million.

The judgment of the court below that found Defendant B guilty of all the criminal facts of fraud without deceiving the victim, and that Defendant B did not have an intention to acquire the victim.