The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of the grounds for appeal;

A. A. Around January 2013, the Defendant was aware of the fact that: (a) around January 2013, 2013, the Defendant heard D’s talks and delivered a removal work contract and corporate seal; (b) however, it was unaware of the fact that D was paid for the subcontracted construction work; and (c) there was no conspiracy to commit the crime with D.

B. On March 2013, 2013, the contract entered into with TW, which is the owner of the fraud, was not a contract, but a contract was concluded with TW, which was not a contract, and the construction could not be carried out since the loan of business funds was not achieved due to the internal circumstances inside the project owner. Therefore, the Defendant did not intend

2. In full view of the following circumstances revealed by the lower court’s judgment as to the fraud around January 2013 (related to H Hospital Corporation) and the evidence duly admitted and investigated by this court, the charges of this part of the charges that the Defendant, in collusion with D, by deceiving the victim as if he could give a subcontract for the removal work of H Hospital and the installation work of soil b million won can be fully acknowledged.

① On December 14, 2012, AD Co., Ltd. (hereinafter referred to as “AD”) concluded a contract with AR Co., Ltd. (hereinafter referred to as “AR”) for delegation of the entire new construction of the G G-type G-type G-type hospital (hereinafter referred to as “instant convalescent hospital”) in the Nam-gu Incheon Metropolitan City, which AD received, to AD, and AR entered into a contract for delegation of the hospital construction with the intent to prepare for the selection of a construction company recognized by a financial company as a contractor.

On January 24, 2013, the Defendant Company B (hereinafter “B”) entered into a contract with Q Co., Ltd. (the Defendant asserts that Q Co. is an affiliate of AR) to accept a subcontract for the construction of the instant convalescent.

② As of January 30, 2013, “B” between B and the victim, “B” means 800 million won in the construction of the instant convalescent hospital to the victim.