The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The gist of the grounds for appeal is that the Defendant was paid the money from the victim, not in the name of the route toO, but in the consideration of the forest sold to the victim, as stated in the facts charged, that the Defendant was unaware of the victim as stated in the facts charged, and did not have any intention of deception.

Therefore, the judgment of the court below which judged otherwise is erroneous by mistake or misunderstanding of legal principles.

2. Determination

A. Before the judgment on the grounds of appeal is examined ex officio, the prosecutor applied for a change in indictment with the content that the defendant's charges are changed to paragraphs (1) through (2) in the trial court below. Since this court permitted this, the judgment of the court below is no longer maintained.

1 Around January 2012, the Defendant, at the office of the victim's company located in Gangseo-gu Busan Metropolitan City L, concluded that "it is well known that the Defendant would be o in order for the victim to be promoted from the personnel management of the treatment shipbuilding and ocean to N in the vice president in February 2012, the Defendant would purchase high-priced forests and promote N in the vice president to N in the treatment shipbuilding and equipment to be supplied to the victim's office in Gangseo-gu Busan Metropolitan City."

However, the fact was that even if the defendant received money from the victim as a non-financial expense, he planned to use it for the personal purpose, and there was no intention or ability to supply the victim with the ship's equipment to the treatment shipbuilding sea through the cost for the treatment shipbuilding.

Nevertheless, on January 19, 2012, the Defendant received transfer of KRW 15 million from the victim to the account designated by the Defendant under the name of advance payment to purchase it for the purpose of street use from the victim, and the same year.

2.7.Around July, 2006 received cash of KRW 100 million.