All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The prosecutor (misunderstanding of facts and misunderstanding of legal principles with regard to fraud) committed an agreement with the victim to transfer the amount of KRW 50,000,000,000,000,000 in the purchase price of the FF shares owned by the victim to the O, instead of being provided by the victim, to the victim. Although there are circumstantial evidences such as a consistent victim's statement from the investigative agency to the original court, and a consistent victim's statement from the investigation agency to the court below, and a statement from AC supporting it, the first instance court erred by misapprehending the victim's credibility by rejecting the victim's statement beyond the limit of free evaluation of evidence.

B. The sentencing (one year of imprisonment, two years of suspended execution, and 160 hours of community service) of the first instance court is too unreasonable.

2. Judgment on prosecutor's assertion (a fraudulent point, mistake of facts and misapprehension of legal principles)

A. On October 25, 2010, the summary of the facts charged as to fraud, the Defendant stated that “FF office in Seocho-gu Seoul, Seocho-gu, would transfer the amount equivalent to KRW 50 million of the value of the FF stocks owned by the Plaintiff at KRW 50,000,000, the face value of which is KRW 100,000,000,000,000,000 won.”

However, in order to receive the collateral related to the above loan from the O in obtaining the operating fund of the Dispute Resolution Co., Ltd., the defendant made the victim to provide 100,000 shares of the FF Co., Ltd. owned by the victim with the value of 9,500 won per share at the time to the O, and even if the victim transfers 10,000 shares to the O at par value, there was no intention to transfer the shares of the Dispute Resolution Co., Ltd. to the victim.

Nevertheless, the defendant deceivings the victim as above and let the victim sell 100,000 won of the above shares at par value of 950,000 won at the market price to theO.