The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

(2) the date of this judgment.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was delegated by E with the authority to contract.

2) The sentence of the lower court’s improper sentencing (6 months of imprisonment) is too unreasonable.

B. Prosecutor 1) Fact-misunderstanding (Embezzlement embezzlement) Defendant issued K with the Promissory Notes in this case under the pretext of a settlement of accounts for KRW 20 million.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. The facts charged in this case

A. The Defendant, at around 15:00 on November 28, 2014, called “Seoul-gun apartment construction site office” (hereinafter “instant construction”) and called “D representative director E’s agent,” and concluded a contract for the remaining construction on the site with the victim G, who is an F construction executive officer of the F&C Co., Ltd. (hereinafter “B”), to whom the Defendant would be the party who is the party.

“.....”

However, the defendant did not have any intention or ability to contract construction works even if he received money from the injured party because he did not have been delegated with the right to contract construction sites from E.

Nevertheless, the Defendant, by deceiving the victim as such, obtained the delivery of KRW 20 million from the victim on the same day.

B. The Defendant’s embezzlement, on April 3, 2015, kept one promissory note at a discount rate of KRW 80 million at the victim K’s face value from Songpa-gu Seoul Songpa-gu J (hereinafter “instant promissory note”). The same year while the Defendant kept one promissory note at a discount of L, payment date: July 30, 2015; hereinafter “instant promissory note”).

4. The defendant was granted to the head of the F construction Gangwon branch office, G and I in charge of the F construction Gangwon branch office, Inc., in front of the Seoul detention center located in Jung-si on November 28, 2014 by the construction of F Co., Ltd. under the name of the deposit money;

The said Promissory Notes were voluntarily delivered for the settlement of 20 million won and embezzled.

3. The judgment of the court below

A. According to the evidence duly admitted and examined by the lower court, the Defendant’s act of fraud on November 28, 2014.