All of the appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. In full view of the evidence, such as the victim K, L, M’s statement, and the financial status of the sports center operated by the Defendants at the time of the statements of the victim K, L, and M, and the details stated in the loan certificate prepared by the Defendants and the victims, it is recognized that the Defendants, even though they did not have the intent or ability to pay for the waiver of share to the said victims, had the said victims waive the said victims’ share in the screen golf course equivalent to KRW 300 million in total

Nevertheless, the lower court acquitted the Defendant of this part of the facts charged, and erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

B. In light of the unfair sentencing conditions, the lower court’s sentence (4 years of suspended sentence of three years of imprisonment for Defendant A, and 4 years of suspended sentence of two years and four years of suspended sentence of imprisonment for Defendant B) is too uneased and unreasonable.

2. Judgment on the grounds for appeal

A. 1) The Defendants in this part of the facts charged hold 50% shares in Q in the Geum-gu, Busan, and jointly operate the sports center at the same time.

On March 2, 2009, the Defendants provided nine floors of the above sports center building, and operated the “AC Scrap golf course” jointly with the victims by receiving KRW 150 million from the victim K, KRW 100 million from the victim L, and KRW 50 million from the victim M.

In fact, at the time of the operation of the state, the above (State) T had the liabilities equivalent to KRW 13.8 billion in the state of the enemy operation, and the loan interest amounted to KRW 69 million per month, and the Defendants did not have any specific property, so there was no intent or ability to pay the victims for the waiver of their shares as follows.

Nevertheless, at the above sports center office around June 23, 2009 around June 23, 2009, the Defendants each KRW 150 million in return for the waiver of shares to the victim K and M in the screen golf course.