Among them, the part of the crime No. 1 and 3 of the judgment against Defendant A and the part against Defendant B shall be reversed.

A. Defendant A misunderstanding the fact that Defendant A (Defendant A1) provided the above apartment building Nos. 104 and 302 (hereinafter “the apartment of this case”) located in Yangsan-siJ in order to receive food materials from the victim T Co., Ltd. (hereinafter “T”) along with theO, as security, and did not notify the lessee of the apartment of this case, but did not provide the victim T with false documents. Thus, the victim T was not accused.

Nevertheless, the court below found the defendant guilty of this part of the facts charged, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2) Each punishment sentenced by the lower court to Defendant A (each of the crimes of Articles 1 and 3 as indicated in the lower judgment: Imprisonment with prison labor of one year and ten months, and the crimes of No. 4 as indicated in the lower judgment: Imprisonment with prison labor of two months) is too unreasonable.

B. The punishment sentenced by the court below against Defendant B (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to Defendant A’s assertion of mistake of facts: (i) Defendant A offered the instant apartment to the victim T with theO operating the Defendant B and food materials distribution business, and (ii) conspired to supply the instant apartment to the victim T with the goods supplied as security; and (iii) T’s employee U was requested to supply the instant apartment as security; (iv) assessed the collateral value of the instant apartment as KRW 50 million to the T’s legal team; and (v) provided the Plaintiff with food materials worth KRW 40 million; and (iv) provided the purchase of the instant apartment at KRW 40 million to theO. In light of the above, Defendant A conspired with the victim and the victim of the instant apartment and provided the Plaintiff with food materials at KRW 50 million.