The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Defendant of the Prosecutor.

1. Summary of grounds for appeal;

A. Defendant A 1) misunderstanding of facts, misunderstanding of legal principles [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the "Act on the Aggravated Punishment, etc. of Specific Economic Crimes" hereinafter)]] Defendant A did not invite to commit the instant fraud with B.

B) The sales price of F forest land is KRW 2,68,00,000,000,000,000 won, including the transfer income tax to be additionally borne by Defendant A (i.e., KRW 1.., KRW 418,50,000,000,000,000,000,000 won for KRW 1.6555,000,000,000,000 won for KRW 2,662,000,000,000 won for H forest land; KRW 6,522,000,000, J forest land; KRW 12,522,00,000,000 for J forest land; KRW 2,523,539,00,000,000 for KRW 2,000,000,000 for KRW 2,500,000,00 for the instant land).

It is difficult to see it.

C) Defendant A was planning to purchase the instant land as the instant loan, and was actually planning to proceed with the G business suspended after receiving the ownership of the instant land, and actually carried out construction works for the business. Defendant A’s intent to obtain a seller’s order to suspend construction due to the seller’s failure to pay back the instant loan. As such, in light of the Defendant A’s intent and ability to carry out the business, the intent of defraudation cannot be recognized to Defendant A.

2) The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The prosecutor (defendant C and D) committed the instant fraud at the point where Defendant A, who is not qualified to borrow, was the Defendant C and D.