The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

1. Summary of grounds for appeal;

A. Defendant A did not participate in the agreement on the payment of the instant fee concluded between Defendant B and the victim, and Defendant B had an intent to implement the agreement on the payment of the instant fee.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Each sentence of the lower court’s unreasonable sentencing (the Defendant’s each fine of KRW 5 million) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is between the Defendants, and Defendant B is a person in charge of the sales agency of G2 complex neighborhood living facilities located in the G2 complex district of G2 complex as financial directors of the FF corporation, and Defendant A is the vice president of F corporation and the person in charge of the sales agency.

The Defendants thought that they would return part of the sales price to the persons who have generated the sale of goods in fact without the intention of returning part of the sales price, thereby inducing the contract.

Defendant

B around July 17, 2012, at the G sales office located in the G sales office located in the Suwon-si District H, the victim I stated that “I would pay KRW 28,722,801,00,000,000,000,000,000,000 won, which is 3% of the sales price, in the form of fees.”

However, even if the commercial building was sold to the victim, there was no intention to pay 3% of the sales price.

From July 17, 2012, the Defendants entered into a sales contract with the victim for KRW 90,100,000 of the sales price for the above commercial building 101 at the above sales office around July 17, 2012, but did not pay the purchase price until January 28, 2013, and did not pay the same amount of KRW 28,72,801.

B. The lower court found the Defendant guilty of the facts charged in full view of the evidence in its judgment.

C. (1) The facts charged in a criminal trial are examined.