The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant was unaware of the fact that K’s shares issued to M and N were owned by the victim.

Therefore, as stated in the judgment of the court below, the defendant did not acquire the victim's stocks in collusion with K, etc.

The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. The following facts and circumstances revealed by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: ① the defendant and theO jointly acquired the management right of the company of this case on July 4, 2007 with investments, and theO was registered as the principal manager of the company of this case, and the defendant jointly operated the company of this case as the largest shareholder and vice-chairperson of the company of this case; and K was conducting the business of capital increase for the company of this case as the representative director of X, X, a consulting company, on behalf of the representative director of the company of this case, while conducting the business of capital increase for the company of this case on behalf of the company of this case; ② the victim opened an account at the new branch of the investment securities company of this case at the recommendation of A, a company hire, and purchased the shares 75,911 shares of the company of this case at the Korea on August 13, 207, and transferred the entire shares to the victim of this case by the call of this case.

In the form of investment to find the test shares to be sent to people, and the entire shares are issued by the KNF. On the other hand, 50 million won of the share price is to be immediately transferred to the current account in P.M., and the victim added the mobile phone number of the cell phone number of the non-surbed person who can communicate with the victim. ④ The victim at the above CJ securities shift from September 12:00 on September 5, 2007.