The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

1. Summary of grounds for appeal;

A. There is no fact that the Defendants conspired to acquire 480 million won from the victim by fraud.

① In other words, F Co., Ltd. (hereinafter “F”) promoted the establishment of the English village of “N” by purchasing the I shop (a total floor area of 48,129 square meters, 1st floor above ground, 4th floor above ground, hereinafter “I shop”) from G Co., Ltd. (hereinafter “G”), which is owned by G Co., Ltd. (hereinafter “G”), from H, and promoting the establishment of the English village of “N”, which is located in eight lots outside Busan, Busan, Jin-gu, Busan, and was placed in a situation where the sales contract will be rescinded

Defendant

A received KRW 400 million upon request from E to extend the due date for the remainder payment in consultation with G, which is a seller, and actually extended the due date for the remainder payment in accordance with the agreement. ② Defendant B, in consultation with the PF lending bank, received KRW 80,000 as a fund to create the house subscription passbook in order to show that the FF lending bank plans for the English village project are well underway, and accordingly, the bank actually made the subscription passbook.

B. The lower court’s sentence on the Defendants of unreasonable sentencing (Defendant A: imprisonment of three years and six months, and Defendant B: imprisonment of three years) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is Defendant B, the representative director of F, and Defendant A was F’s director.

After establishing the F on July 6, 2005, the Defendants intended to purchase G-owned I shop in KRW 20 billion. However, the Defendants intended to borrow down payment under the condition that E would secure a certain amount of profit by raising purchase funds to E.

On April 18, 2006, the Defendants concluded a sales contract with G to purchase I Commercial Price of KRW 20.5 billion, and agreed to pay the balance of KRW 18.45 billion to G deposit after lending KRW 2.05 billion from E on the same day, and paying it to G deposit within five months.

However, the Defendants are also up to the time the remaining payment period was imminent.