All appeals by the Defendants are dismissed.

Summary of Grounds for Appeal

The Defendants and victims of mistake of facts, as the land located in Daejeon Seo-gu Daejeon Special Research and Development Zone, Defendant A, was expropriated in the business of Taeduk Special Research and Development Zone, were paid by the Korea Land and Housing Corporation to KRW 71 million at the time of entering into a sales contract for the sale of the housing site of migrants to be paid by the Korea Land and Housing Corporation (hereinafter “instant sale right”), and the seller entered into a special agreement with the seller to prepare a promissory note with a face value of KRW 100 million separate from the sale price and to make it notarized. The agreement was that the Defendants, who added KRW 29 million to the sale price, reserved the right to rescission that the said sales contract may be rescinded.

The Defendants, while exercising the above right of rescission, deposited KRW 120 million in addition to the amount of KRW 100 million as stipulated in the special agreement and KRW 20 million paid as the down payment to the Korea Land and Housing Corporation by the injured party, and the sales contract of the instant sales right was effectively rescinded.

As Defendants are not in the position of dealing with the business for the victim, even if they once sold the instant right to sell to a third party, this does not constitute a crime of breach of trust.

At the time of the cancellation of the sales contract, the Defendants had no intention of breach of trust, as they had been consulted by the attorney-at-law who is a legal expert.

The sentence of unfair sentencing (Defendant A: one year of imprisonment, two years of suspended sentence, two years of imprisonment, three years of suspended sentence) is too unreasonable.

Judgment

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to whether the sales contract of this case was effectively rescinded by the exercise of the right to rescission for which the reservation was made on the assertion of mistake of facts, namely, the sales contract of this case is stipulated in paragraph (1) of the same Article as “the seller actively cooperates in the notarial act of KRW 100 million separate from the purchase price (hereinafter “instant special agreement”).