The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) As the representative director of E Co., Ltd. (FF Co., Ltd. to E Co., Ltd. on March 8, 2007, and M Co., Ltd. on May 4, 201; hereinafter referred to as “E”), the Defendant, as the representative director of E Co., Ltd., prepared a written agreement (hereinafter referred to as the instant agreement, and issued three promissory notes with the face value of KRW 500 million at the request of H in relation to the payment of the remainder of 11m29mm2 (hereinafter referred to as “the instant land”) of the 11m29m2, including Suwon-gu, Suwon-si, Suwon-si, purchased from H, Suwon-si. The parties to the instant agreement were not the parties to the instant agreement, but the Defendant, as well as the parties to the instant agreement.

B) Although, upon receiving a loan from E (PF), the Defendant attempted to pay the instant promissory note, following the loan from E, the Defendant was dismissed by the representative director and did not pay the instant promissory note, and as E has the ability to pay the instant promissory note, it cannot be said that the Defendant has the criminal intent to commit fraud, as E has the capacity to commit fraud. C) In accordance with the agreement of this case, K applied for provisional disposition and provisional seizure with respect to the instant land in accordance with the agreement of this case, thereby holding the instant land with no burden of provisional disposition and provisional seizure, and it is impossible to calculate its value because it is easy to sell and purchase the instant land or establish a security, and thus it is not possible to calculate its value. Therefore, the lower court found the Defendant guilty of this part of the facts charged. Accordingly, the lower court erred by misapprehending the legal principles and misapprehending the legal principles.

After the expiration of the period for appeal.