The judgment below

Part concerning Defendant B and A among them shall be reversed.

Defendant

B Imprisonment with prison labor of 3 years and 6 months, and Defendant A.

1. Summary of grounds for appeal;

A. The management and operation of the Hongcheon Hot Spring Building (hereinafter “the instant building”) was entrusted by the O Co., Ltd. (hereinafter “O”) unrelated to the Defendant, and there was no participation of the Defendant in borrowing KRW 500 million down payment for public sale, as the misunderstanding of facts or misapprehension of the legal doctrine (Defendant B) did not violate the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

B. Since ASEAN has a valid right to permit the utilization of hot spring and Chuncheon tourism development right, it is difficult to recognize the criminal intent of defraudation due to sufficient ability to repay. Since KR owns land in the vicinity of red hot spring, it is difficult to view that it is difficult to expect the increase in the land price of the land and it is difficult to view that 500 million won is leased according to its independent judgment and that it delivers property by deception, it is difficult to recognize the causal relationship.

2) As to the fraud, theO responsible for the management and operation of the instant building is a legal entity separate from the N Co., Ltd. (hereinafter “N”) operated by the Defendant, the Defendant did not participate in the operation thereof. Therefore, the rest of the Defendants and the instant crime were not recruited in sequence or participated therein.

B. As to the punishment sentenced by the lower court (five years of imprisonment of Defendant B, Defendant C, and D, two years of suspended execution, Defendant A’s imprisonment of four years of suspended execution, and Defendant A’s two years of imprisonment), Defendant B, and Defendant A’s two years of imprisonment are too unfasible, and the prosecutor is too unfasible and unfair.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. (1) Determination of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall be made on a general and objective basis, taking into account the situation of transaction, the other party's knowledge, character, experience, occupation, etc., and the specific circumstances at the time of the act, which are the relation between such deception and the disposal of property should be determined (Supreme Court Decision 8 March 8, 198).