All appeals by prosecutors are dismissed.

A. In fact, although the Defendant tried to purchase an unsold apartment unit with money invested by the victim as a lump sum, it does not induce the victim to buy the apartment unit by converting the apartment unit into a supply adjustment policy, and thus, it does not induce the victim to buy it. Therefore, the judgment of the court below convicting the Defendant of the facts charged in this case is erroneous in the misapprehension of facts.

B. The defendant asserts that the punishment of the lower judgment (the defendant and the prosecutor) is too unreasonable on the grounds that it is too unreasonable, and the prosecutor asserts that it is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the first instance court on the assertion of mistake of facts, the Defendant invested KRW 100 million in the purchase price of the apartment in the collective sale of the apartment housing unsold in lots in the old-si Gyeongnam-si and the e-Si Cheongnam-si Gyeongnam-si in the sale of the apartment housing unsold in lots at the time of the Gu-U.S. Gyeongnam-si in February 17, 2

3.31. A return of the principal amount of KRW 100,000 until the same year; and

4. up to 30. 30. 30. 10 million won will be paid as profits.

"Along with the same purport, the defendant sent KRW 100 million to the defendant on February 17, 2012, but the defendant failed to purchase the apartment unsold in this case, and it can be recognized that the principal and the profits have not been paid to the victim until now. On the other hand, the defendant's assertion, apartment executor, etc. did not have sold the unsold apartment as a unit of sale when converting into a supply adjustment policy.

In light of the fact that there is no objective evidence to acknowledge the fact that there was a prior consultation on the collective purchase of unsold apartments between the Defendant and the apartment executor, etc., and that there was an investment agreement of KRW 1.5 billion with H on the purchase fund, etc., the Defendant stated in the above promise.