Part concerning Defendant A and B shall be reversed.

Defendant

A and B are innocent. The public prosecutor's defendant C.

A. Defendant A and B, misunderstanding the facts and legal principles, Defendant A, and B, trusted the confirmation document on October 25, 2007 between L Co., Ltd. (hereinafter “L”) and K Co., Ltd. (hereinafter “K”), and received money from the victims of the sale to K, which is not a joint account in the name of L and K (hereinafter “instant trust agreement”) within the limit of 50% of the equity shares attributed to the said Defendants, out of the remainder of the sale price, within the limit of 50% of the equity shares belonging to L and K (hereinafter “the instant trust agreement”). Thus, even if the money is received, L did not entirely have the intention to refuse to consent to the transfer of ownership to the victims.

Therefore, Defendant A and B had a criminal intent to induce victims or to commit fraud by the said Defendants.

In spite of the fact that the court below found all of the charges guilty, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The lower court’s sentence (Defendant A: two years of imprisonment; Defendant B’s imprisonment with prison labor for one year and one year and six months) against the wrongful Defendants in sentencing is too unreasonable.

B. According to the evidence submitted by the prosecutor (as to Defendant C), although the court below acquitted Defendant C of the fact that Defendant C conspiredd with the Defendant A and B and acquired money by deceiving the victims, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination as to Defendant A and B’s assertion of mistake of facts

A. The summary of the facts charged in this part is that Defendant A and B are the co-representative of the private K in force of the J Commercial Building (hereinafter “instant commercial building site”) newly built on the ground of the wife I and one parcel (hereinafter “the instant building site”) in Young-si, the wife I and C, and C is the chief of K.

K is the commercial building of this case.