All appeals filed by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As to Defendant A (1) of the judgment of the court below on mistake of facts, the judgment of the court below which found Defendant A guilty of this part of the facts charged is erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment, although there is no difference in the content of deception and there is no intention to commit fraud

(2) In light of the fact that Defendant B led to the instant crime and agreed with J among the victims, the lower court’s imprisonment (one year and six months) is too unreasonable.

B. Defendant B (1) misunderstanding of facts or misunderstanding of legal principles only intended to take over H Co., Ltd. (hereinafter “H”) for the purpose of receiving brokerage commission, and there was no fact that the Defendant conspireded to commit the crime A or performed an act that constitutes a constituent element to the extent that functional control is recognized, the lower court found the Defendant guilty of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine

(2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

C. The lower court’s punishment against the Defendants is too uneased and unreasonable.

2. Determination

A. We examine the judgment of the Defendant A’s assertion of mistake of facts, and the following circumstances acknowledged by the evidence, i.e., the Defendant sought to operate the instant alcoholic beverage business based on most of the funds to others, and the Defendant did not raise any funds other than the collateral provided by the victim, and the Defendant continued to operate the instant alcoholic beverage business without raising any funds. ② The Defendant supplied the victim’s real estate as security, with approximately KRW 120 million from the Punoaaa Korea Ltd. (hereinafter “Punoa Korea Ltd.”), but did not pay the alcohol to the said company or paid the purchase price to the victim.