The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (unfair imprisonment of two years and six months) is too unreasonable.

B. According to the evidence submitted by the prosecutor (in fact-finding or misunderstanding of legal principles and unreasonable sentencing) 1, the facts charged in the case of 2017 Highest 8260 is acknowledged. 2) The above sentence imposed by the lower court is too uneasible and unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The Defendant is a representative of C Co., Ltd. established for the purpose of real estate development and sale.

1. On January 17, 2014, the Defendant, at the Defendant’s office located in Gangnam-gu Seoul, displayed the Defendant’s intent to grant AH’s loan to B, and falsely speaked that “The construction of H hotel is intended to build a new H hotel in the G block in Yongsan-gu, Yongsan-gu, Seoul. In order to carry out the said construction, the Defendant made a loan from the investment securities at a different intervals. In this context, the Defendant agreed on an advertising agency contract at the prime place, and would have an advertisement of KRW 1.6 billion, and would have an advertisement of KRW 1.6 billion.”

However, the defendant did not have obtained the approval of the loan from the investment securities from the beginning, and even if he received the performance guarantee from B, he did not have the intention or ability to provide the new hotel construction advertising agency service.

Nevertheless, on January 20, 2014, the Defendant, by deceiving B as above, received KRW 5 million from B as the performance guarantee for the advertisement agency contract around January 20, 2014.

2. On January 2015, the Defendant made a false statement to the effect that, “The Defendant may invite investors immediately at the site of the construction of a new hotel or the construction of an advertisement to enter H hotel in the public relations center of the source, and if so, this advertisement service may also be ordered.”

However, in fact, the new hotel construction project promoted by the defendant was paid only land sale down payment, and the amount deposited in the situation where the equity capital is not deposited due to the difference in opinions among investors.