All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts was underway the process to purchase a building prior to the conclusion of the sub-lease contract with the victim, but the health of Defendant B was rapidly omitted after the conclusion of the said sub-lease contract, and as the building owner, K, who is the building owner, had the burden of capital gains tax, did not enter into a sales contract with K.

Therefore, although the defendants could not be seen as deceiving the victim during the process of concluding a sublease contract, the court below found the defendants guilty of the facts charged in this case.

B. Each sentence imposed by the lower court on the Defendants (six months of imprisonment and two years of suspended execution) is too unreasonable.

2. Determination

A. The lower court determined a misunderstanding of facts: (a) the victim consistently stated the Defendants’ deception from the investigative agency to the original court; (b) while the Defendants reversed the Defendants’ testimony in the police, the prosecution, and the court of original instance; and (c) the Defendants made a statement consistent with the statements of the victims in the prosecutor’s office and the court of original instance at the site of sub-lease contract; (d) the progress of negotiations on the purchase of buildings with the lessors in support; (e) the period of sub-lease contract entered into with the victim during three years from September 29, 2020, after the expiration of the lease contract; and (e) the victim invested the Defendant in the cost of replacing the trade name after the sub-lease contract; and (e) the victim promised to pay KRW 10 million to the Defendants as stated in the sub-lease contract, even if the lessor, the owner of the building, or the intent to sub-lease, and the progress of the sub-lease contract, the Defendant purchased the buildings before the conclusion of the contract.