The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for six months and for eight months, each of the defendants C shall be punished.

(b).

Summary of Grounds for Appeal

Defendant

A misunderstanding the facts G. (hereinafter referred to as the “G”) had the Defendant “A” created by G and the Director of the J free Zone, and requested the Defendant to pay money under the name of the subcontract deposit. The said Defendant entered into a subcontract with M to the contract for reclamation works scheduled for the construction of a shipbuilding yard, knowing that the said investment termination note was forged, and was unaware of the circumstances, and received money as a security deposit, and the Defendant did not have the intention of deceiving or defrauding the Defendant.

The sentence imposed by the court below on Defendant A (six months of imprisonment) is too unreasonable.

Defendant

C misunderstanding of facts, Defendant C received KRW 51,50,00 from H Co., Ltd. (hereinafter “H”) with Defendant A’s wife V as the representative director, on several occasions. However, Defendant C cannot be deemed to have had the intention of fraud, unless Defendant C was aware of the fact that Defendant C had received the money under any name from M, as well as the direct knowledge of A and M.

The imprisonment (eight months of imprisonment) imposed by the court below on Defendant C is too unreasonable.

Judgment

Defendant A’s assertion of misunderstanding of facts is based on the evidence duly adopted and investigated at the lower court’s judgment, namely, ① Defendant A concluded a construction contract with G on September 29, 2006 for the part of KRW 60,000,000 for the construction deposit, and offered that Defendant A would enter into a subcontract with the said construction on the face of KRW 60,000 for the said construction deposit. However, even if Defendant A’s statement was made at the prosecutor’s office, Defendant A entered into a contract with G for the construction work of the said shipbuilding site on October 13, 2006 after 14 days from September 29, 2006. Defendant A entered into a contract with G on September 15, 2006 for the construction work of the said shipbuilding site. Defendant A entered into a construction contract with G and 1/2,150,000 for the entire construction work from September 15, 2006.