The judgment of the court below is reversed.

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for ten months.

except that this judgment.

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor for 1 year, Defendant B: imprisonment for 10 months) against the Defendants of the lower court is too unhued and unreasonable.

B. (1) Although Defendants were not guilty of deceiving the victim company, the court below erred by finding the Defendants guilty.

(2) Illegal sentencing of the lower court’s punishment against each of the Defendants is too unreasonable.

2. Determination

A. The summary of the Defendants’ assertion is that the Defendants had been promoting the victim company to attract foreign capital.

There is no fact that the Defendants were willing to pay money with the profits of the K K main project, and the security deposit necessary to acquire the right to sell the K main building for reconstruction was not the defendants but the victim company was allowed to pay it, so there was no deception on the part of the victim company.

However, the witness N,O, and J, who was a director of the I Bank of Bankruptcy, have made a statement in the court of the original trial in conformity with all of them as follows.

In other words, the main motive of the Defendants’ success in attracting foreign capital and making the Defendants believe that they immediately come to money and borrow 200 million won in reliance on two times, and that the interior business was not a separate money was attracting foreign capital. ② The Defendants and I established a special purpose corporation and operated a large amount of money to be paid when they comply with the right to sell the K reconstruction commercial building.

F may be appropriated with foreign currency funds held by the Bank of Korea.

It was believed that the sales agency, as mentioned above, would also be promoted by the sales agency, not by the individual sales agency, but by the sales agency, and it is possible to purchase through the sales agency.

I think it is also due to the inducement of foreign capital by the defendants, and ④ if the F Bank of Korea raises all initial funds, it would be likely that the F Bank of Korea will have the leading power of the sale agency F Bank of Korea, and the victim company will also attract foreign capital.