The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

1. Summary of grounds for appeal;

A. 1 Pursuant to the first investment contract, the Defendant Co., Ltd. (hereinafter “D”) is the victim D Co., Ltd. and G Co., Ltd. (hereinafter “E”) under the first investment contract.

(2) The lower court acquitted the Defendant of this part of the facts charged on the ground that it was difficult to deem that the Defendant used it for personal purposes as stated in the facts charged, despite the fact that the Defendant used it for the following personal purposes: (a) the Defendant was guilty of this part of the facts charged on the ground that it was used for the purpose of personalD, which was 3 billion won invested from the victim E, by deceiving the Defendant that “D entered into an export contract with China at an amount of KRW 2.5 billion with China, and would use the investment money only for driving funds,” while concealing the fact that the foreign debt was 8 to 90 billion won, the lower court acquitted the Defendant of this part of the facts charged on the ground that the Defendant was not guilty of this part of the facts charged on the ground that the Defendant did not have known that the export contract with China was void, and that the Defendant was used for the purpose of operating funds.”

B. As to the facts charged that the defendant in relation to the second investment contract knew the victim E that he would offer 45,513 shares as security, and concluded the second investment contract with the victim E and acquired the investment amount of KRW 1 billion from E, the court below, despite the fact of deceiving E, is erroneous in the occupational error between X and the defendant in charge of concluding the contract with E.