The judgment below

The remainder except the dismissed portion of the application for compensation shall be reversed.

The Defendants shall be punished by imprisonment with prison labor for one year.

1. Summary of grounds for appeal;

A. As to the case of Defendant A1’s mistake of facts 2012 Godan1108, Defendant A’s actual amount of money that Defendant A received from the Victim K Co., Ltd. is merely 270 million won, and the amount of fraud of this part shall be deemed 270 million won, not to be 300 million won recognized by the lower court, but to be 270 million won. 2) The sentence of imprisonment with labor for 1 year and 2 months sentenced by the lower court is too unreasonable.

B. The punishment of 1 year and 2 months of imprisonment sentenced by the lower court is too unreasonable.

2. The following circumstances acknowledged by the evidence duly admitted and investigated at the court below's decision on the assertion of mistake of facts by Defendant A: (i) according to the lease contract entered into between Defendant A and the victim K corporation, Defendant A would pay the lease deposit to the above victim at the time of concluding the contract, and return it upon the expiration of the lease period; and such lease deposit can be used for the victim to pay the overdue lease or other debts; (ii) even though Defendant A reserved the amount actually received from the victim to the lease deposit with the amount of KRW 370 million,00,000,000,000 from the amount actually received from the victim, it is difficult to view that the said lease deposit is a profit that does not belong to Defendant A (6-13 of the investigation record), ② The actual monthly lease fee is calculated based on KRW 270,000,000,000,0000,0000,000 won, and considering the substance of the transaction, the victim K should be deemed to be offset by the amount of KRW 3700,00,00,00.3 billion.

Therefore, this part of fraud is recognized as KRW 300 million.