The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the Defendant is merely a representative director of the C Co., Ltd. (hereinafter “C”). C leased 104 of the D Building 104 (hereinafter “instant store”) in Goyang-si, Ilyang-si (hereinafter “the instant store”). At the time H entered into a contract to transfer the instant store from H M under the name of H J (hereinafter “instant contract”) between H and the actual operator of H, the Defendant only affixed the seal of the representative director under the sub-lease contract at the J’s request, and there is no fact that H or M by deceiving money from them as if he consented to the sub-lease.

Therefore, the judgment of the court below that recognized the defendant's crime of fraud is erroneous.

B. The sentence of the lower court (2,00,000 won) that is unfair in sentencing is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below as to the assertion of fact: (i) the defendant has invested money in C actually operated by J and did not participate in the management of C, and (ii) the defendant has forged and used it to H; however, the time when the defendant sent the contract of this case (hereinafter “the contract of this case”) to H on April 1, 2013 after the completion of the contract of this case on March 31, 2013, the contract of this case (hereinafter “the contract of this case”) was prepared and sent to H with the consent of sub-lease, which appears to be necessary for business registration after the conclusion of the contract of this case; (iii) H and M enter into a sub-lease agreement with C on March 21, 203, and paid the remainder of the deposit money of this case and KRW C50,000, KRW 300, KRW 400, KRW 100, KRW 300, KRW 300.