Defendant

All appeals by prosecutors are dismissed.

The defendant shall be 600,000,000 won, which is obtained by deception from the applicant for compensation.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles, first, the Defendant did not have made a false statement of the minutes of the board of directors’ meeting at H (hereinafter “H”) as an incorporated foundation on March 11, 2003.

P and T, around April 2013, it was recognized that there was no resolution by the board of directors (hereinafter “resolution by the board of directors”) of March 11, 2003 from the lawsuit for confirmation of invalidity of the resolution by the board of directors filed against H (Seoul Central District Court 2013 Gohap 513108 hereinafter “instant lawsuit”). However, in light of the following: (a) relevant civil judgments that had existed before the instant lawsuit were filed by P and Q, the suspension of the performance of duties and the progress of the provisional disposition application case for appointment of the person responsible for duty performance; (b) the Defendant could not be anticipated that H was lost in the instant lawsuit; and (c) the Defendant could not be recognized that the existing resolution by the board of directors, etc. was invalid until March 14, 2013 concluded between the Defendant and the victim (hereinafter “instant agreement”).

Second, it was true that the Defendant prepared the current status of H debt to E on April 26, 2013, stating that the amount of the obligation toO against the O is less than KRW 200 million, and that the amount of the delinquent tax to be paid to the Mapo Tax Office is less than KRW 100 million. However, this is not a statement of H’s total obligation, but a statement of the obligation not verified on the registry, and thus, it did not mislead the victims regarding the obligation borne by H.

The Defendant, at the time of the instant agreement, silented the exact amount of the H’s obligation.

Even if the victims have ultimately entered into the instant agreement for the purpose of acquiring land owned by H equivalent to KRW 50 billion at the market price, it cannot be ruled out that the victims would have entered into the instant agreement even if they fully bear an obligation equivalent to KRW 6 billion in the acquisition price of KRW 8 billion. Therefore, the Defendant did not accurately notify H of the amount of obligation.