The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal is as follows: ① the Defendant had no choice but to believe that the Defendant realizing the letter of guarantee for issuance of HSBC Bank (hereinafter “B/G”) stated in the facts constituting the crime in the judgment of the court below (hereinafter “Z Foundation”) in Indonesia; ② the victim thought not to use B/G for its intended purpose, but to use B/G for its own fraud, and was aware of the fact that it was forged. ③ The Defendant deceiving the victim.

Rather, the defendant was used for the victim's committing fraud, and thus, the above circumstances are disputed as the basic facts for sentencing. In light of this, the court below asserts that the defendant's imprisonment (two years of imprisonment) declared by the court below is too unreasonable.

2. Determination

A. Of the above facts, the part concerning the defendant's basic facts in sentencing (1) and (2) are identical to the part alleged by the defendant as erroneous facts in the original judgment. As to this, the court below rejected the argument and judgment in detail under the title "as to the defendant's and his defense counsel's assertion" in the judgment, and examined the above judgment of the court below closely compared with the evidence duly adopted and examined by the court below, the judgment of the court below is just, and therefore, the part concerning this part of the defendant's assertion is without merit.

Next, according to the records and records, the victim, etc., the representative director of H (hereinafter “H”) of H (hereinafter “H”) conspireds to create appearance that H’s shares will be listed immediately in order to sell high prices of H’s shares that are unlikely to be listed in the COS market. From around 2009, the victim, etc., created the appearance of having no overseas business trip to attract foreign capital by repeating entry and departure from time to time.