The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Under the request of G, the Defendant: (a) obtained the other co-owners of the instant land so that D, etc. may borrow a parcel of land within four parcels of land for which D, etc. entered into a sales contract (hereinafter “instant land”) as collateral; (b) made efforts to make the instant land available for a loan by breaking the collateral value by breaking the parcel of land on the road; and (c) received KRW 26 million from D in return for such efforts; and (d) did not receive money under the pretext of deceiving D or arranging a loan.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

B. The lower court’s sentence against the Defendant of unreasonable sentencing (two years of suspended sentence for one year of imprisonment, two years of probation, 160 hours of community service, and additional collection) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant consistently denies the facts charged from the investigative agency to this court by asserting that the Defendant had no money under the pretext of deceiving or arranging loans. Accordingly, according to the evidence duly adopted and investigated by the court below and the statement made by D and F in each court, the Defendant entered into a sales contract for the said land after purchasing the instant land and newly constructing and operating a penure on the following ground; ② D and G were transferred the ownership of the said land first, and were paid by the bank as collateral after receiving the loan from the bank. During the process, the Defendant was involved in F, who is a public official with high credit rating, was not sufficient amount to obtain the loan of the instant land as collateral; ③ D and D were not sufficient to obtain the loan of the instant land from the Defendant and the Defendant on May 2, 2012 to obtain the loan of KRW 400 million on the instant land as collateral, ④ agreed to have the Defendant lend the instant land to the Defendant at least 10% on the first hand, 26% of the loan to the Defendant.