The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. Defendant B (1) In misunderstanding of facts, the Defendant used 50 million won received from the victim to pay the property tax, etc. of the instant building, etc., and endeavored to open the hospital by using the funds borrowed from the victim as the construction cost. Since the construction was suspended because Co-Defendant A did not pay the funds of KRW 960 million to be supported by Co-Defendant A, the said Defendant did not have any criminal intent to acquire it. (2) The sentence (eight months of imprisonment) sentenced by the lower court of unfair sentencing (eight months of imprisonment) is too unreasonable.

C. Each sentence sentenced by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. Determination

A. The following facts are acknowledged by the court below's legitimately adopted and investigated evidence of finding the facts as to Defendant B's assertion of mistake, i.e.,: (i) although Defendant B failed to purchase the building of this case due to lack of self-sufficiency, it was committed as if the Co-Defendant A was the owner of the building of this case (in this case, 95 pages 95, 62), and (ii) the above Defendant did not establish a hospital because it did not pay KRW 960,000,000,000 that A decided to invest, the above Defendant did not state the above contents in the "Confirmation of the Progress of D Hospital Works" prepared by the above Defendant and A (in this case, 4.35 pages of investigation record). As seen earlier, the above Defendant did not state that A would not pay KRW 96,00,000 for the purchase of the building of this case and KRW 96,000,000 for the purpose of establishing the hospital of this case (3.5,000,000 won).