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. Summary of grounds for appeal;

A. In the process of concluding a by-products supply contract with the complainant and receiving money as a performance guarantee, there was no false statement about the amount of by-products to be supplied to the complainant.

The reason why the defendant did not supply by-products according to the contract is that the completion of the factory is delayed due to disputes between the defendant and the building owner, and the Korea Electric Power Corporation's waste pressure guidelines, which are the main supply source of the waste pressure instruments, are changed.

Nevertheless, the court below found the defendant guilty of the charge of this case by deceiving the complainant without any intention or ability to supply the quantity of pulmonary pressure as stipulated in the contract, and therefore, the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

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

2. Determination

A. The summary of the facts charged is the representative director of C Co., Ltd. (hereinafter “C”) who runs the business of refining and treating pulmonary pressureers.

1. On December 24, 2009, the Defendant stated that “The victim E shall have a 15 ton of by-products generated in the process of refining the pulmonary voltages for three years from March 2010 when the permission for the completion of the factory and the refining of power has been completed until March 2010, and it will only be conducted refining with the pulmonary pressures from the Korean power.” Accordingly, upon deposit of KRW 300 million, the Defendant said that “The by-products generated in the process of refining the pulmonary voltages for three years from March 2010 will be supplied to 15 to 15 ton each day.”

However, the fact that Korea Electric Power Corporation orders the above refining in the form of a bid since 2009, it is not possible that C can supply the victim with 15 tons of by-products of pulmonary tension at all at the time.