The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 1,000,000.

The above defendant did not pay the above fine.

1. Summary of grounds for appeal;

A. (1) The Defendants did not receive KRW 600,000,000 from the victim for lease deposit. (2) The Defendants did not receive KRW 40,00,000 from the victim for lease deposit. (3) Dong-dong, 50,000,000,000,000,000 won for lease deposit from the J, Gyeong-gun EFFF farm (hereinafter “FFFF farm”).

(2) However, the Defendants, while supplying mushroom spawn to the farm of this case, received KRW 40 million from the victim under the name of the deposit for mushroom spawn disease (hereinafter “spawn deposit”) and written a charter contract (which is the 31 pages of evidence record; hereinafter “the charter contract of this case”) under the name of the receipt.

(3) Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as it found guilty of this part of the facts charged.

B. The sentence imposed by the lower court on the Defendants (Defendant A: imprisonment of August, a suspended sentence of two years, community service 80 hours, Defendant B: fine of three million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is that Defendant B: (a) in the vicinity of the Seo-gu G apartment near the Daegu G apartment on September 2009, Defendant B: (b) “B and Dong-dong A leased a mushroom farm with a total of KRW 80 million, and (c) KRW 40 million, a half of all the deposit money, to enable the Plaintiff to grow mushrooms in the said farm,” and (d) at the same time in which the Defendant leased the FV farm to the Victim H in the middle-gu G apartment near the Daegu-gu G apartment on September 200; (b) the Defendant would be able to cultivate the mushroom farm using a half of the deposit money if he bears KRW 40,000,000,000, which is a half of the deposit money.”

It is intended to cultivate mushroom seeds and supply them to 200 won per disease with a higher amount of 20 won than normal price.