The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the grounds for appeal did not change the other party to the business from H Co., Ltd. (hereinafter “H”) to F Co., Ltd. (hereinafter “F”) in the course of establishing a limited partnership company with D (hereinafter “D”), and there was no agreement on the price of machinery to be invested in kind with D as one billion won.

Therefore, the defendant did not make a false statement contrary to memory.

2. After discussing to operate a domestic heat treatment business jointly with D, the Defendant entered into a provisional contract with the Defendant and E (hereinafter “Defendant”) on December 20, 2007, stating that H in Korea where the wife is the representative of the wife of E and D set the share ratio of the newly incorporated corporation as 60:40, respectively, and that management will be entrusted to the Defendant and E (hereinafter “Defendant E”).

However, after that, the new corporation was established as a foreign-capital invested company after hearing the statements that tax benefits and support can be granted from Gwangju City, and both parties agreed again to establish a foreign-capital invested company with F in the U.S. where the representative of the H, and thereby, D's children (hereinafter "I") as a foreign-capital invested company.

Therefore, at the time of the incorporation of the new corporation, the defendant 50 million won, and F shall make an investment in kind in the United States, but since there is time until the time of the investment in kind, the defendant's investment in the part of F shall first account to transfer the amount of KRW 200 million out of KRW 500 million to F and make an investment by F. The defendant's side and F's new corporation's share ratio shall be 60:40, and the defendant's new corporation's shares ratio shall be 60:40, and the foreign-capital invested company was registered on March 6, 2008, and the defendant was appointed as the representative director, E as the director, and D as the auditor.

Afterward, as the price of the machinery to be invested in kind actually exceeds the investment amount originally planned to be equivalent to one billion won, the ratio of shares between the defendant and the F should be adjusted simply.