The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. Fact-finding (Defendant) The Defendant merely received KRW 20 million from the victim as part of the expenses incurred in promoting the project under the business agreement, and did not mislead the victim that he was aware that the permission to occupy and use public waters necessary for promoting the project was necessarily difficult or that he was thought to use the money for personal purposes, the lower court found the Defendant guilty of the charge of this case by misunderstanding the fact that he did not err in the misapprehension of the fact that he was in need of money under the name of the ticket lease deposit and the ticket design expenses in the ticket box, and

B. As to the punishment unfair (the defendant and the prosecutor) sentenced by the court below (two years of suspended sentence in six months of imprisonment), the defendant asserts that the prosecutor is too unfasible and unfair.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case [basic facts] entered into a mutual agreement with D around July 10, 2015 with the Defendant to cooperate in the process of operating a fishing village tourism and leisure business. On February 12, 2016, the Defendant entered into a business agreement with F and G to jointly carry out the business of operating the instant tourism and leisure business with F and G, and established HH M&A (Representative A and A director F) around February 19, 2016.

[ criminal facts] The defendant, at the office of a dispute resolution committee office located in Busan Metropolitan Government International Shipping Daegu, around April 2016, the victim F, "The Maritime Daegu Office shall not grant D permission to occupy and use public waters for the leisure business. Thus, the defendant shall immediately grant permission to occupy and use public waters for the leisure business in question.

B. A certain degree of relationship between Maritime Affairs and Maritime Affairs Office has been made.

When an application for permission is filed, the permission shall take place within one month.

In order to obtain permission for the occupancy and use of public waters from the Maritime Daegu Office, there must be a ticket office, and submit the design of the contact facility. The false statement was made that the rent deposit of KRW 10 million in the ticket office, KRW 10 million in the moorings design cost, and KRW 20 million in the moorings design cost.

However, it is true D.