All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) 650 million won, written indictment, which the Defendant misunderstanding the facts, received from the injured party, was not a lease deposit, but an investment bond.

In other words, the victim only invested in the business of selling commercial buildings promoted by the defendant, and it is not paid as the deposit money for the lease of a pharmacy.

2) The sentence of the lower court’s unfair sentencing (three years of imprisonment) is too unreasonable.

B. Sentencing for prosecutor: The sentence of the lower court is too uneasible and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The Defendant and the defense counsel of the lower court also asserted the same purport as the grounds for appeal, and the lower court rejected the said assertion on the grounds that, in full view of the facts and circumstances acknowledged by the evidence adopted and examined by the lower court, the Defendant was recognized to have given the same amount of KRW 650 million as the deposit money to the pharmacy located in the Busan Northern-gu Complex Facilities (hereinafter “instant commercial building”).

The main points of the judgment of the court below are as follows.

① On December 19, 2013, the Defendant prepared a document stating “Agreement on Business Investment” with H, I, and the victim’s agent. However, according to the victim’s power of delegation, the content delegated by the victim to H and I is “right as to the pharmacy agreement of the instant commercial building.”

Section 1 of Article 2 of the Business Investment Agreement provides that "The schedule for repayment of investment funds shall be repaid within 24 months after the acquisition of the said investment funds."

Provided, That where a pharmacy is desired at the request of a victim, it shall be the location that wants to be two million won per square meter on the basis of the second floor and the horizontal number.

In other words, it is written that the right to designate a pharmacy is given priority to the location of the second floor(the live floor) at the time of lease.

At the time of the preparation of the above Investment Agreement.