A. The court below found the defendant guilty of the facts charged in this case in the absence of the fact that the defendant believed that the G apartment 100 household unit sale project promoted by the FF would be well conducted, and recommended the victims to purchase the apartment house, by deceiving the victims, and by deceiving the victims. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination:

A. Regarding the assertion of mistake of facts, the court below duly admitted the following circumstances: (a) the Defendant loaned F with G 10 households a total purchase price for G 10 households, namely, the Defendant’s lending KRW 200 million to F, and is paid 50% of the profit of the said apartment complex package sale business from F (see, e.g., Investigation Record No. 13, No. 1142, Jan. 1, 200), and (b) the Defendant received from F several copies of A4 forms of checks, including a face value of KRW 1,00,00,00 won check (see, e.g., Investigation Record No. 1141, F. 141, Jan. 1, 201); and (c) the Defendant urged the victims to use the remaining apartment package sale price of KRW 1,700,000,000,000,000 for loans to the victims without confirming the completion of the purchase (see, e.g., the Defendant’s statement 2700,0 million won.