The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of two years from the date this judgment became final.

1. Summary of grounds for appeal;

A. In fact, the Defendant believed that foreign capital of 30 billion won is to be induced, and the Defendant acquired the patent right of this case that the Defendant intended to transfer it to the victim is the company of the Defendant, and there was no intention to commit the crime of defraudation against the victim.

B. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution, community service, 120 hours) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's erroneous determination of facts and the evidence duly adopted and examined by the court below: ① With respect to the fraud case of Seoul Northern District Court 2012Da3231 (hereinafter "related criminal case"), the victim filed a complaint with the defendant as a proxy D, the defendant requested the victim to reach an agreement, and as stated in the facts charged in this case, the defendant shall pay 30 billion won to C, and if he received a written agreement on behalf of the State, he shall pay 30 billion won, and shall transfer part of the patent right of this case to the victim. The purport of this case is to recognize the fact, ② However, the defendant is not stated in the foreign capital inducement contract of this case, and the defendant presented to the victim on or around October 2013, the defendant did not know that the defendant would not know the defendant's payment of 30 billion won to the victim, and the defendant did not know that the defendant would not know that the defendant would have known the above amount of the patent right of this case to M&A as stated in the above contract.