The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. The sentence of imprisonment with prison labor for the first instance (two years of imprisonment) shall be too unreasonable;

2. On April 13, 2011, when the Defendant was detained as a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the Defendant had the victim stand a joint and several surety in a promissory note, or had a promissory note issued, in order to reach an agreement with G, the complainant of the fraudulent case, the actual victim of the instant case, and the criminal investigation was conducted separately from the case at the time

As a result, the defendant could receive a suspended sentence in the above case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in consideration of the circumstances agreed with F and G, and in the case of fraud accused by G.

However, due to the lack of proper progress of Egypt New Construction, and there is a low possibility that the construction will take place in the future, and there has been another crime that misleads another person to reach an agreement with only a type of agreement.

The above circumstances are grounds for sentencing unfavorable to the defendant.

However, in the course of the crime of this case, G and F demanded the victim to guarantee or issue a promissory note directly to the victim, and the victim's response to such demand is likely to be gross. The victim's guarantee or issuance of a promissory note on behalf of the defendant seems to have been considered together with the decision that the victim would be able to recover his claim for construction cost, which is being bound by the defendant at the time of the crime of this case, because the business operation decision on the side site where the defendant was in progress with the defendant, that is, the victim's business operation decision on the side site where the defendant was in progress at the time of the defendant's release. The defendant led to the confession and contradiction of the crime of this case, and the victim submitted a written agreement that the victim does not want the punishment against the defendant during the trial of the first instance court.