All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The land and buildings indicated in the facts charged of mistake of facts in the instant case (hereinafter “instant real estate”) are the actual right holder, Defendant B lent the purchase fund to Defendant A, and took the lead in the process of acquiring the land upon delegation by Defendant A, and Defendant B did not make a title trust to Defendant A.

Nevertheless, the lower court erred by misapprehending the legal doctrine since Defendant B recognized Defendant A as a title trustee.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: a fine of KRW 5 million, Defendant B: a fine of KRW 7 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court determined as follows: (a) the entire purchase price of the instant real estate and brokerage commission are directly paid out of the Defendant B’s account with the funds of Defendant B, who is not the purchaser, not the Defendant A; (b) there is no objective evidence to deem that Defendant A paid taxes on the acquisition of the instant real estate; (c) Defendant A had deposited KRW 100 million with the funds for the purchase of the instant real estate; (d) the actual owner of the instant real estate was receiving the funds for the purchase of the instant real estate for the investment of real estate; and (e) Defendant B stated that the funds for the purchase of the instant real estate were being borrowed for the investment of real estate; and (e) there was no document to prove the loan certificate or interest agreement among the Defendants; and (e) G, which led the sales contract with the real estate seller, concluded a sales contract with Defendant B at the time of the conclusion of the contract with the lower court; and (e) the Defendants concluded the contract with the Defendants at the time of the conclusion of the contract.