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. The Defendant, as to the question of the management body of foreign crew members, did not simply reply to the question of the management body of the foreign crew, and did not make a false statement against memory with respect to the question of the management body of the local subsidiary of Indonesia.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On May 30, 2007, the Defendant is a person running C (hereinafter “C”) and D is a person operating E Co., Ltd. (hereinafter “E”), and C entered into a basic agreement on the management of foreign seafarers’ crew members’ domestic employment brokerage (on May 30, 2007, and paid KRW 30 million as the deposit for the contract. However, on July 13, 2009, the basic agreement was terminated.

Accordingly, the defendant proposed that D succeed to management of approximately 40 Indonesian seafarers who entered the Republic of Korea through C in early 2010, and D consented thereto, and on March 12, 2010, E entered into a contract with the Suhyup Federation and foreign seafarer management services.

D on October 28, 2010, pursuant to the above business transfer contract, the defendant promised to transfer the above contract deposit amount of KRW 30 million to the Suhyup Bank account immediately after receiving from the Suhyup Central Association of the Suhyup.

E refunded KRW 27,595,200 of the performance bond of the above contract from the Suhyup Central Council on July 26, 2011, but D refused to return the deposit by asserting that it should deduct the amount of the seafarer management fee agreed upon to be paid by the defendant, and D was subject to a trial with Busan District Court 2012 and 3066 decided on July 26, 201 after requesting a summary order for embezzlement in accordance with the defendant's complaint.

The defendant on September 27, 2012, around 17:00, Busan National Cemetery.