The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the fraud against H is revealed.

1. Summary of grounds for appeal;

A. Fact-finding 1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Defendant received a total of KRW 562,500,000 from G by receiving each remittance of KRW 500,000,000 from G as investment money, and KRW 62,500,000,000 from January 15, 2012, but the Defendant is limited to I and I (hereinafter “I”).

In order to be notified of the cancellation of the F Hotel operating contract, and to maintain the operating contract, it shall be used on December 16, 2009 as the unit of the United States of America indicating the amount of 500,000 U.S. dollars (hereinafter referred to as “un

AB (AB; hereinafter referred to as “AB”) which is the president of the parent company of I, around December 20, 2009, borrowed from the persons in Vietnam.

(B) The Defendant paid the amount of KRW 500,000 as a deposit, and received the extension of the casino license acquisition period for six months thereafter, and received the extension of one month thereafter. From December 2009, the Defendant began to enter into the investment issue of G with AI, V, telephone, and e-mail, which is one of the agents of G, and explained in detail the current situation at the time of investment attraction from E on January 14, 2010.

On January 15, 2010, the authority to negotiate and conclude a contract on the sale of shares, investment terms, etc. was delegated, and entered into an investment contract with G.

After that, the Defendant failed to obtain permission to operate the F Hotel casino within 60 days agreed with G, and expressed his/her intent to return the down payment according to the agreement to AI by e-mail on March 16, 2010. However, “G continues to engage in work because it does not want to terminate the investment contract,” upon receiving a reply from AI, “V, a representative of G, who continues to endeavor to obtain the permission to operate the casino, transfers part of the shares of the AY hotel casino in Vietnam to G in order to return the down payment to G, and if D returns KRW 70 million to G by November 10, 2010.”