Defendant

A’s appeal and prosecutor’s appeal against Defendant B are dismissed, respectively.

1. Summary of grounds for appeal;

A. Defendant A1 of the misunderstanding of facts received KRW 80 million, which is an adequate transaction value, from the victim I in light of the housing market price and the value of collateral, etc., and Defendant A of the dunes structure only notified the amount of KRW 130 million equivalent to the leased area as the actual amount of debt by reflecting the current status of the leased object, reflecting the current status of the leased object, which is the dunes structure, and thus, it cannot be deemed that the victim was accused of the above KRW 80 million by deceiving the victim. 2) The sentencing of the lower court of unfair sentencing (two months of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor (not guilty part against Defendant B), even though Defendant B made the statement that the actual amount of debt from Defendant A is equivalent to KRW 294 million, the fact that Defendant A conspired with Defendant A to the desire to obtain brokerage commission in collusion with Defendant A to believe the financial power of Defendant A and to obtain brokerage commission may be sufficiently recognized.

2. Determination on the grounds for appeal

A. According to the following facts and circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding Defendant A1’s assertion of mistake, Defendant A could be sufficiently recognized as having induced the victim I on April 4, 2012 and obtained the payment of KRW 80 million from the victim and acquired the money by deceit. Thus, Defendant A’s assertion of mistake of facts is without merit.

① Defendant A is the father of F, the owner referred to in subparagraph 201 of the Jongno-gu Seoul E building No. 201 and actually manages the said subparagraph 201.

However, as an aggregate building on the registration of real estate, the foregoing 201 is indicated in the “mark of a building on the front section” column as “201 square meters of reinforced concrete structure 84.7 square meters of the second floor,” and under the current situation, the two floors consist of “4.98 square meters of the second floor, 39.72 square meters of the third floor” as indicated in the “mark of one building.”

On the other hand, with respect to the above 201, the name of the tax-authorized Saemaul Savings Depository on August 11, 2010.