All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts is a restaurant operated by the victim and the Defendant (hereinafter “instant store”).

B) Before entering into a contract for the transfer and acquisition of rights, the victim notified that the store of this case was an illegal building as an unauthorized building. Nevertheless, the lower court convicted the Defendant of the facts charged in this case by misunderstanding the fact, and sentenced the Defendant guilty of the facts charged in this case. (2) The lower court’s sentence of unreasonable sentencing (fine 3 million won) is too unreasonable.

B. Defendant B1) misunderstanding of facts and misunderstanding of legal principles did not have conspired with Co-Defendant B1 to deceive the victim, and at the time of entering into a lease agreement with the victim, Co-Defendant C, a real estate broker, was acting as a broker, and the Defendant did not have any separate duty of disclosure. Even if there was a duty of disclosure, Co-Defendant A did not state any separate violation in the building ledger of the instant store, and Co-Defendant A operated his business without any problem, and the Defendant was living in another place and only obtained lease profit at the instant store, and the Defendant did not know that the instant store was illegal. On the other hand, the victim had already been aware that the instant store was illegal before entering into the said lease agreement. Nevertheless, the lower court convicted the Defendant of the facts charged, by misapprehending the legal doctrine, and sentenced the Defendant guilty of the charges of this case. 2) The sentence of unfair sentencing (a fine of KRW 3 million) by the lower court is too unreasonable.

C. Defendant C1) misunderstanding of facts and misunderstanding of legal principles) The Defendant did not have conspired with co-defendants to deceive the victim, and this is the time of entering into a contract for transfer or acquisition of the above right facilities and a lease contract.