All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The lower court found the Defendant guilty of this part of the facts charged without considering the following circumstances. In so doing, it erred by misapprehending the legal doctrine on fraud or by misapprehending the legal doctrine on fraud, thereby adversely affecting the conclusion of the judgment.

① At the time of entering into a sales contract for the real estate (hereinafter “instant sales contract”) as indicated in the judgment below, the victims were aware that the total amount of liabilities related to the instant real estate exceeds KRW 540 million, and thus, they were subject to deception from the Defendant on the ground that the victims were aware that the total amount of liabilities related to the instant real estate exceeds KRW 540 million.

shall not be deemed to exist.

② Even if the Defendant’s deception is recognized, the victims were to have paid out obligations after the completion of the registration of ownership transfer of the instant real estate from April 21, 2014, in addition to KRW 233,5330,000, which were repaid by the victims to the Agricultural Cooperatives, on April 18, 2012, the Defendant’s deception and disposal of property are not recognized as having been in relation to the causal relationship between the Defendant’s deception and disposal of property.

B) On or before March 12, 2015, the Defendant found the Defendant guilty of this part of the facts charged, although there was no intrusion on the instant real estate after the completion of delivery, even though the Defendant had kept the tools, boxes, etc. in the latter part of 102, which had completed the delivery execution of the instant real estate. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. In relation to fraud, fraud is a delivery of property or a pecuniary benefit by deceiving another person to make a mistake and inducing a dispositive act.