All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of the facts or misapprehension of the legal doctrine merely paid the amount received from the victims in exchange for money, in exchange for money, to E, even though it is irrelevant to the transaction between E and the victims, the Defendant, based only on the statement of the victims, conspired with E and by deceiving the victims.

The lower court’s determination that did not err by misapprehending the facts or by misapprehending the legal doctrine.

2) The sentence of the lower court’s improper sentencing (three years of imprisonment) is excessively unreasonable.

B. The lower court’s sentence is unreasonable as it is too unhued.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the court, which was found to be erroneous in the misapprehension of the legal principle.

A) On March 1, 2011, T was established in Malaysia (hereinafter “H subsidiaries”).

On March 18, 2011, the capital of the company was increased by one million ring flag, and U (U, hereinafter referred to as “U”) who is a Malaysia among the entire shares of the company is 600,000 jus, 290,000 jus, 50,000 jus, 290,000 jus, 50,000 jus, and 10,000 jus.

B) The Defendant was transferred from the Victim F to its own bank account in the sum of KRW 100 million on March 14, 2011, KRW 35 million on April 1, 201, KRW 15 million on April 5, 2011, and KRW 235 million on April 5, 201.

C) On April 26, 2011, Malaysia was established in W (hereinafter “K Construction Subsidiaries”).

On April 27, 2011, the company's capital was increased by one million finial flag, and U.S. among the entire shares of the company, U.S. 60 million jus, J 390,000 jus, and Defendant 10,000 jus.

D) The Defendant received from the Victim J a total of KRW 330 million, including KRW 100 million on May 3, 201, and KRW 2330 million on May 11, 201, and KRW 330 million on May 11, 201.

E) On June 10, 201, the Defendant deposited 100,000 won from the account of K Construction Corporation to the victim J.