The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and two months.

The remedy order of the applicant.

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts: N, despite being aware of the fact that the actual purchase price of the instant real estate was KRW 775 million, demanded the Defendants to prepare a 1 billion fake contract to show to the investors. Accordingly, the Defendants prepared the instant real estate sales contract and issued it to N.

(B) Defendant A, B, and B argued that the actual purchase price of the instant real estate was KRW 775 million and the development cost was KRW 1 billion from investors and provided the Defendants with KRW 950,000,000 among them. Accordingly, Defendant A and B did not deceiving the victims of the instant land in relation to the purchase price. Defendant C and the development plan for the instant land was conducted by Defendant A and B, and Defendant C did not participate in the said plan, but did not participate in the sale price.

Therefore, Defendant C is not guilty on the ground that there was no conspiracy with Defendant A and B with regard to fraud.

2) The sentence imposed by the lower court on the Defendants of unreasonable sentencing (one and half years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts 1) and b) determination on the assertion.