Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this judgment.

A. According to the public prosecutor’s statement, etc. (as to Defendant A of the facts charged in the instant case), it is recognized that Defendant A conspired with Defendant B to obtain money from the victim.

Nevertheless, the court below found Defendant A not guilty on a different premise by misunderstanding the facts.

B. Defendant B (Defendant B) misunderstanding of facts did not deceiving the Defendant B’s wife at the time of receiving KRW 100 million from the victim, but did not have sufficient means of reimbursement. Nevertheless, the lower court found Defendant B guilty of the facts constituting an offense in the lower judgment on a different premise by misunderstanding of facts. (2) The sentence (one year of imprisonment and two years of suspended execution) sentenced by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. The lower court’s judgment on the grounds of appeal by the prosecutor 1) was based on the following circumstances acknowledged by the records: (i) the victim stated that he did not directly listen to the statement from the defendant A when he delivered KRW 100 million to the defendant B; (ii) the defendant A was unable to know the fact until the victim delivered the above money to the defendant B; (iii) the defendant B stated that he was in compliance with the defendant A’s statement; (iv) the contents of K dialogue between the victim and the defendant B et al. do not reveal the circumstances in which the defendant participated; and (ii) the evidence submitted by the prosecutor was used by the defendant B et al.; and (v) the summary of the facts charged of the instant case’s judgment cannot be recognized that the defendant acquired money by deceiving the victim in collusion with the defendant B; and (v) the summary of the facts charged of the instant case’s judgment on February 2, 2014, the defendants operated the company (E) to receive government orders within China; and (v) establish a corporation equivalent to KRW 3014 billion.