The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The Defendant, by misapprehending the legal principles or mistake of facts, did not either conspired to color a person on the grounds that he or she was not aware of the victims, and did not make any change in the form of an association legally and practically impossible, and thus, the judgment below convicting the Defendant of the facts charged is erroneous or by misapprehending the legal principles, which affected the conclusion of the judgment

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant was sentenced to a suspended sentence of ten months of imprisonment with prison labor for fraud at the Suwon District Court on January 4, 201, and the judgment becomes final and conclusive on January 12, 2011. On the defendant, the crime of concurrent crimes with the above crime for which the judgment became final and conclusive, and the crime of violation with the order issued by the court below is a concurrent crime with the latter part after Article 37 of the Criminal Act, and the punishment is determined after examining whether to reduce or exempt the sentence in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Therefore, the part of the judgment of the court below against the defendant is no longer maintained in this respect.

However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, and this is examined.

3. As to the assertion of misunderstanding of facts or misapprehension of legal principles

A. The summary of the facts charged is that the F-Housing Reconstruction Improvement Project, a summary of the F-Housing Reconstruction Improvement Project (hereinafter “Building Project”) is a new apartment construction project with approximately KRW 1,267 units in G G day-to-day G 74,192.9 square meters ( approximately KRW 22,433 square meters).

An implementer “H reconstruction and improvement project association” (hereinafter referred to as “the association of this case”) shall obtain on March 29, 200 the authorization for the establishment of the association from Gwangju-si on February 200, and select I as a contractor around February 2002, and then approve the business on June 30, 2006 from Gwangju-si, and approve the business on October 19, 206.