A. Although the Defendants actually promoted the F construction implementation project, the Defendants did not comply with the commitments with the victims because it is difficult to raise funds, not by deceiving the victims as stated in the holding of the lower court.

B. The lower court’s punishment of unreasonable sentencing (a fine of three million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, especially the witness E's testimony, part of the prosecutor's interrogation protocol preparation of the prosecutor's interrogation protocol against the Defendants, fact-finding inquiry meeting of GSritech, business investment contract attached to the complaint (in case of the investigation record, No. 5 of the investigation record) and notification of the opinion of the Deliberation Committee (in case of an investment in the F Construction Execution Project, the victim E guarantees the principal until June 30, 2009, and pays 100 million won until the August of the same year, as well as the principal amount until the date of the above year, it was believed that the victim's speech was not made and transferred to the bank account of Defendant B on April 9, 2009. ② The fact that the F Construction Execution Project at the time of transfer was not made in the Gangnam-gu project implementation plan, ③ The fact that the victim's opinion was not made in the implementation of the project and the terms and conditions of the project.