Of the judgment of the court of first instance, the part on the defendant's case and the judgment of the court of second instance are reversed.

Defendant

A. A.

1. Of the instant facts charged against Defendant A, the lower court sentenced Defendant A not guilty for fraud as of December 18, 2015 against the victim E, and convicted the remainder of the facts charged. Since the part of acquittal for Defendant A and the prosecutor did not appeal for the remainder of the charges, the period of appeal expires, the lower court should have determined that the part of the lower judgment against Defendant A was guilty.

2. Summary of grounds for appeal;

A. As to Defendant A’s judgment 2018 Godan2749 subparag. 1 and 2, the instant real estate development project was conducted by Defendant B, and Defendant A did not have conspired with Defendant B or Defendant C to commit a crime of fraud, and there is no fact that Defendant A received money.

Even if Defendant A participated in part of the development project, the project in this case did not proceed according to the plan due to the change of design delay, conditions of development at the time, and municipal ordinance, and Defendant A did not have intention to commit fraud and deception.

With regard to the decision of the court below 2018 Godan2749(3), the victim had already been aware of the ability of the defendant A to repay, as well as the ability to repay to the guarantor L, and therefore there is no fact that the defendant A deceivings the victim.

B) In relation to Defendant B’s instant real estate development project that was likely to interfere with the progress of the project by an architect’s business due to the wind to delay the construction permit business, there was no deception by Defendant B, nor did the intent to commit the crime of deception. C) In relation to the fraud part against Defendant C Victim E, there was no fact that Defendant C conspiredd with Defendant A, B, and received KRW 80 million from the said victim.

2) Each sentence sentenced by the lower court to the Defendants (Defendant A: Imprisonment with prison labor for one year, Defendant B: imprisonment with prison labor for one year and six years, and three years of suspended execution for one year and six months.