All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The sentence (one year of imprisonment, two years of suspended execution, and 80 hours of community service order) imposed by the prosecutor by the court below is too unhued and unreasonable.

B. Defendant 1) mistake of facts: (a) although the Defendant acquired the instant land from F, the owner of the “Yong-gu Seoul Special Metropolitan City G land (hereinafter “the instant land”) and planned to sell the building on the said land, he did not intend to acquire money by deceiving victims E from the beginning; and (b) there was no intention to acquire money by deceiving the said owner; (c) the Defendant was 10 million won in expectation of the benefit equivalent to KRW 100 million, and was 750 million in its own name by taking charge of risk burden; and (d) the punishment imposed by the lower court of unfair sentencing is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant is deemed to have taken advantage of pecuniary benefits equivalent to KRW 101,924,150 by deceiving the victim, and thus, the Defendant’s assertion of mistake of facts is rejected.

① On December 2, 2011, the Defendant agreed to pay KRW 600 million to the secured debt of the right to collateral security established on the instant land at the same location of the victim, J, and F, and that the ownership of the said land should be transferred to F on the condition that the Defendant newly constructed the building on the said land, and that the ownership of the said land should be transferred to F.

② Around January 2012, the Defendant was unable to obtain a loan under one’s own name due to low credit, and around 750 million won, the Defendant was able to obtain a loan from the victim of the instant land, with a loan of KRW 400 million from the Eastern Union and KRW 350 million from the Samcheon Union. Therefore, the Defendant was able to obtain a loan of KRW 750 million and repay the secured debt of the Jeonbuk Bank established on the instant land with KRW 60 million and put up a framework on the instant land with the remainder of KRW 150 million.