All appeals by the prosecutor and the defendant are dismissed.

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor's assertion of mistake of facts, the defendant was present as a witness in the case of Seoul High Court 2008Na109618, such as transfer of the right to permission for quarrying, and the defendant was found to have made a false statement contrary to his memory as stated in this part of the facts charged, the judgment below which acquitted him of this part of the facts charged is erroneous in violation of the rules of evidence

B. Both parties’ assertion of unfair sentencing and the Defendant asserted that the lower court’s imprisonment is too minor or unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. In full view of the facts acknowledged in the judgment of the court below and the statements of W, Z, AA and AC, the court below held that there is a possibility that X did not appropriately collect and gather earth and stone as at March 2005, X paid PY a promissory note of KRW 160,000,000,000 to the defendant around that time, Y prepared and issued a certificate of loan to the defendant; Y has been paid KRW 50,000,000 by May 30, 2005; YC, which was the lead of the investment contract of this case, was deemed to have been paid KRW 50,000,000,000 to the defendant's paid KRW 50,000,000,000,000 to the defendant's paid KRW 300,000,000,000 to the defendant's attached land; and W has agreed to set up a collateral of KRW 300,000,000.