The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a crime of 2016 highest743 cases, two years and six months, 2016 highest 796.

1. Summary of grounds for appeal;

A. Defendant B’s mistake of facts and misapprehension of legal principles are merely lending the corporation F and its employee C, which he is the representative director, at the request of E, and there was no involvement in the purchase and re-sale of the second floor lower parts, division of the commercial buildings, change of use, preparation of a contract with victims, and payment of the deposited re-sale price.

The defendant did not solicit the morale with A, E, C, etc., and did not deceiving the victims.

B. 1) The punishment (one year and two months of imprisonment) determined by the court below on Defendant B (the appeal of unfair sentencing by the defendant) is too unreasonable and unfair. 2) The punishment (two years and six months of imprisonment and five million won of fine) determined by the court below on Defendant A (the appeal of unfair sentencing by both parties) is too heavy or unreasonable.

2. Determination on the grounds for appeal

A. As to Defendant B’s assertion of mistake of facts and misapprehension of legal principles, the court below rejected the assertion under the title “determination of the Defendant and the defense counsel’s assertion” in the judgment of the court below, and it is reasonable to view that the Defendant and the defense counsel, as the representative director of the FBB, did not take charge of sales of the second floor lower part of G commercial building, although the Defendant did not take charge of sales of the second floor lower part of G commercial building, they began to sell the second floor lower part of the building, jointly with E, and they were aware that E and E are exclusively dedicated to sales price, so there is no error of misapprehension of legal principles or misapprehension of legal principles in the judgment of the court below that the Defendant conspired to commit fraud of this case with E, A, etc., since it is not erroneous in the misapprehension of legal principles.

① The AJ, which has sold “BN” with the trade name of “BN” on the second floor of G commercial buildings, shall act as the sales agent by the Defendant as the team leader of one team from among five sales teams of D.