All appeals filed by prosecutors and defendants are dismissed.

1. Summary of the prosecutor's grounds for appeal;

A. As to the misunderstanding of facts (not guilty part) that the Defendant acquired by deception 5 million won from the victim J as working expenses, the first instance court which rendered a judgment of not guilty of this part of the charges by taking the legal statement of H, which reversed the victim’s consistent statement without any specific grounds, despite the victim’s consistent statement supporting this, was erroneous in the misunderstanding of facts.

As to the fact that the defendant received money in excess of the statutory fee rate from the victim under the pretext of brokerage commission, there is a consistent statement by the victim, so the court of first instance which acquitted the victim of this part of the charges even though he can be found guilty of this part of the charges by neglecting consistent evidence such as L and K's statement, etc.

B. The first instance sentencing (six months of imprisonment and one year of suspended execution) on the accused is too uneasible and unfair.

2. The Defendant did not submit the grounds of appeal within the due deadline for submission of the grounds of appeal.

3. Judgment on the prosecutor's grounds for appeal

A. (i) The burden of proving the facts charged in a criminal trial is imposed on the prosecutor, and the conviction is based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true, so if there is no such evidence, the suspicion of guilt is between the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2010Do10640 Decided October 13, 2011, etc.). (See Supreme Court Decision 2010Do10640, Oct. 13, 2011, among the facts charged in the instant case, the following facts are recorded: (a) fraud concerning the acquisition of KRW 5 million in the name of working expenses; and (b) violation of the Business Affairs of Licensed Real Estate Agents and Report of Real Estate Transactions Act regarding receipt of money