All the judgment below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a term of two years.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor (the fact-finding), although it is sufficiently recognized that the market price of the sum of 4,677 square meters (1,14 square meters; hereinafter “the apartment site in this case”) of the five parcels, other than the Jinjin-gun, Gangnam-gu, Gangnam-gu, Seoul, where the Defendants conspired in collusion with the victim F and G so that L corporation (the de facto representative is O; hereinafter “L”) may be acquired by deception, the defendants are KRW 1.55 million, the market price of the land in this case is KRW 1.55 million, the court below determined that the defendants were not guilty on this part by deeming that the market price of the land in this case is only KRW 920 million.

Defendant

B Although the market price of the apartment site of this case in mistake of facts does not exceed KRW 500 million, the court below erred by misapprehending the facts.

The sentence of unfair sentencing (three years of imprisonment with prison labor and four years of suspended execution) of the lower court is too unreasonable.

The judgment of the court below on the prosecutor's ex officio destruction and the reasons for appeal by Defendant B was examined prior to the judgment of the court below, and the prosecutor changed the facts charged regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in the instant case as stated in the "a summary of the facts charged" in the judgment of the court below, and the members changed the subject of the judgment by permitting it. Thus, the judgment of the

Although there is a ground for ex officio reversal, Defendant B’s above assertion of mistake is still subject to the judgment of this court, and this is to be examined.

Defendant

The crime of fraud under Article 347 of the Criminal Code in relation to the judgment of mistake of facts is established by deceiving a person to receive a property, to obtain a property profit, or to have a third party receive a property profit, and the value of the property or property profit received is not much problematic, while the specific economic crimes, etc. caused by fraud, are subject to aggravated punishment.