The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. According to the evidence submitted by the prosecutor, although the court below found the facts charged in this case sufficient, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. On September 5, 2014, the Defendant of the instant facts charged filed a complaint with the public service center of the dispatching Police Station located in Songpa-gu, Seoul, and with the purport that “The Defendant, the Defendant, at a G hotel located in Yongsan-gu Seoul, Yongsan-gu, Seoul around February 5, 2013, determined the sales price as KRW 4.5 billion in spite of the intent and ability to pay the purchase price of the corporate stocks and hotels, the Defendant stated the sales price as KRW 4.5 billion in the contract while the Defendant did not have the ability to pay the purchase price as KRW 4.5 billion in the contract, and then, the Defendant, at the time of cash transfer of the remaining KRW 2.0 billion in the contract, by deceiving the Defendant as if he would normally pay the purchase price in cash (hereinafter referred to as “H hotel”) with the said H hotel operating company, shall also enter into a contract for acquisition of shares with the said H hotel operating company, and by acquiring the above shares and shares of the corporation by means of a written contract and the resignation letter of representative director.”

However, on February 5, 2013, the Defendant agreed to pay a down payment of KRW 100 million to the above E and the above H hotel’s shares to KRW 2.5 billion, and paid the remainder after deducting the credit purchase amount and other debts. As at the time, the Defendant paid a down payment of KRW 2.4 billion to H hotel-related liabilities and other debts, the above E acquired the shares of H hotel and its corporation with the down payment of KRW 100 million. Accordingly, the Defendant resigned from the office of the representative director of the corporation and transferred the shares of the H hotel to the above E with the materials necessary for the opening of the shares of the corporation operating the H hotel as a notarized on the same day, and the Defendant did not agree to receive KRW 2 billion in cash separately from the above E. The above agreement was concluded.