The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for two years.

Defendant

A.

1. Summary of grounds for appeal;

A. Defendant B’s misunderstanding of the facts as to Defendant B 1) Defendant B is the victim of Gangdong-gu Seoul Metropolitan Government FMa-dong strata (hereinafter “the underground shopping mall”).

When purchasing 133 and 139, it is possible to obtain 34 square apartment without additional contributions.

It is not true that the victim could be allowed to move into an apartment, but it is not deceiving the victim.

Since the victim is aware that it may not be allowed to move into the apartment at 34 square meters at the time of the sales contract, the victim is not a party to the sales contract due to mistake.

2) In light of the legal principles, the crime of fraud with respect to 133 shopping districts underground by misapprehending the legal principles and the crime of fraud with respect to 139 is highly at time, the object of the sale is different, and the method of deception is partly different, it is not a single crime but a substantive concurrent crime.

In addition, 200 million won and 250 million won out of the balance under one 133 sales and purchases of the balance under one 139 should be excluded from the amount of profit, since the buyer received a loan from the bank and substituted by cancelling the collateral security established in the existing commercial buildings, it should be excluded from the amount of profit.

3) In light of the fact that: (a) the amount obtained by deception cannot be deemed as the actual amount of damage as the victim can be compensated for a part of the damage from the reconstruction association; and (b) Defendant B only actively participated in the crime and led the crime; and (c) there are circumstances in which damage was incurred or expanded due to the care of the victim, the lower court’s punishment (two years and six months) is too unreasonable.

B. Even if purchasing Nos. 133 and 139 of underground commercial buildings, the public prosecutor’s defendant A cannot obtain membership or obtain the sale of a 34-year-type apartment without additional contributions, and even if he knew that he/she cannot obtain an additional amount of KRW 100 million in cash in collusion with B, he/she is found not guilty of this part of the facts charged.