The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant, by misunderstanding of facts and misunderstanding of legal principles, intended to take over Franchisium from K by introducing L, with the consent of K with the purport that “50% of the shares in Korea-Japan is immediately transferred to J,” and L is proceeding with the transfer procedure.

During that process, L had already known the fact that the defendant did not pay the above-mentioned subscription price to J. Therefore, the J had already been aware of it.

Therefore, as to the fact that the defendant is unable to pay the balance of the acquisition price, there was no intention of J, and the defendant did not have the intention to commit the crime of defraudation.

B. The sentencing of the lower court’s sentencing (eight months of imprisonment) is too heavy or too unfasible to the Defendant (the Defendant).

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, it is difficult to see the court below's judgment that recognized the credibility of the witness J's legal statement, which is a valuable evidence supporting the facts charged in this case, as sufficient and satisfactory circumstances to understand, and it is reasonable to find the court below guilty of the facts charged in this case by the determination of evidence.

Therefore, this part of the defendant's assertion is rejected.

B. The lower court’s sentencing is somewhat unreasonable in light of the following: (a) the victim H’s damage to the determination of unfair sentencing was recovered; (b) the victim J was deposited KRW 23 million on October 13, 2015; and (c) the sum of KRW 23 million on November 24, 2015; and (d) the Defendant’s age, character and behavior, career, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime were committed, etc.

Therefore, the prosecutor's argument is without merit, and this part of the defendant's argument is with merit.

3. The appeal by the prosecutor of the conclusion shall be without merit.