The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant did not have any explanation from G, etc. that “F has deposited F’s money with C before the loan was made, and therefore, he must transfer the loan to F’s account.” Since there was an doubt in banking operations and filed a complaint with the counsel’s assistance, the Defendant did not have intention to know.

Therefore, although the defendant should have been acquitted of the facts charged in the instant case, the court below erred by misapprehending the facts or by misapprehending the legal principles, which deemed that perjury is recognized on a different premise, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. On July 13, 2009, the summary of the facts charged is that the Defendant would purchase apartment sale rights from C, and around July 13, 2009, at the consultation office of the branch offices of the foreign exchange bank E branch in Ulsan-gu, U.S. D with C, the Defendant requested F to provide “F to deposit the loan rapidly, and if the loan is made, deposit the loan shall be changed immediately,” and the F made a signature and seal on the passbook transfer slip. The loan was approved by applying the loan to both mountainous districts of the foreign exchange banks on the same day. However, as the loan was prevented on the same day, the money was remitted to C.

On July 16, 2009, the Defendant: (a) heard an explanation that “F has deposited F’s money in advance before the loan was made from G, an employee, at the E branch of the above foreign exchange bank; (b) thereby, remitted the loan to F’s account.” (c) signed and sealed the bill on the deposit without passbook.

Nevertheless, the defendant was bound by C in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on July 16, 2009 and could not receive a refund of KRW 148,794,00 from C, thereby filing a false complaint with F and G.