All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As to Defendant 1’s misunderstanding of facts or misapprehension of legal principles, Defendant 1 received KRW 2 billion from Z and AG according to the “Agreement on Land Sale” (hereinafter “Agreement”), which the Defendant entered into with Z and AG, and accordingly, entered into a contract for the sale of land between Z and Z of K clan (hereinafter “instant clan”) and Z and AH as designated by Z, Defendant was guilty of the above part of the charges, despite the fact that the Defendant did not deceive the victim S, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

B) As to 2015 Gohap 70,00,000 won from the victim AF, the Defendant had a claim to receive KRW 2 billion from Z and AG upon completion of the work under the instant agreement at the time of borrowing KRW 65,30,000 from the victim AF, and the said money was believed to be able to repay the above KRW 65,30,000 to the victim AF, and thus, the lower court convicted the Defendant of the above part of the facts charged, despite the absence of intention or fraud, the lower court erred by misapprehending the legal principles.

2) The lower court’s unfair sentencing (2015 high 58 crimes: imprisonment with prison labor for 2 years, and 2015 high 70 crimes: imprisonment for 6 months) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court’s determination on the Defendant’s misunderstanding of the facts or misapprehension of the legal doctrine (1) 2015 high 58 A) is based on the evidence duly admitted and investigated by the lower court, i.e., the following circumstances acknowledged by the lower court, i., (e., (i) the Defendant’s sales of the clans in the instant case to (i) the Plaintiff’s trade of the clans in the instant (which means obtaining a consent to the designation of Class 1 district unit planning zone and the formulation of district unit planning), instead of having the Defendant sell the clans in the instant case (which means obtaining a consent to the designation of Class 1 district unit planning zone and the establishment of district unit planning zone) and KRW 4 billion in total