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

Defendant

B A person shall be punished by imprisonment for not more than ten months.

, however, the defendant.

A. The defendant A believed that the defendant A had the right to sell commercial buildings on behalf of the defendant B due to the power of proxy delivered by Q and R, etc., the nearest side of the H apartment reconstruction association president K to the defendant B, and there was no intention to commit fraud.

B. The sentence imposed by the court below (the defendants A: imprisonment of August 2; imprisonment of two years with prison labor; imprisonment of ten months) is too unreasonable.

2. Circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below on the assertion of mistake of facts as to Defendant A, namely, ① the apartment association and the shopping district reconstruction promotion committee cannot be deemed to have the right to sell commercial buildings to others, barring special circumstances, barring any special circumstance. ② Defendant A seems to have been well aware of the fact that K has been aiding and abetting to be elected as the head of the apartment association, and that K or L has no right to independently dispose of the right to sell commercial buildings by participating in the H apartment reconstruction project in depth, and ③ Defendant A, rather, proposed that Defendant A would make the members sell the H commercial building 500 square meters, 100 square meters, 60 square meters, 100 square meters, 60 square meters, and 600 square meters to the members of the association, and the original copy was delivered to the members of the association in its custody and the purchaser of the contract of this case, ④ The purchaser of this case can be acknowledged as having been aware of the status of the members of the association and the members of the association.

3. Unreasonable sentencing.