The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation by an applicant for compensation shall be dismissed.

1. The summary of the grounds for appeal: The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts, although the defendant did not deceiving the victim company with the details of the defendant company's obligations, the fact of sand supply contract against the Korean Fishing Village Association.

2. The Defendant alleged in the lower court that the grounds for appeal are identical to the above grounds for appeal, but the lower court rejected the Defendant’s assertion on the grounds as stated in its reasoning.

In addition to the following circumstances known by the court below in light of the records, such determination by the court below is just and acceptable, and there is an error of law of misunderstanding of facts, such as the defendant's assertion.

subsection (b) of this section.

(a) The defendant operated;

Around November 4, 2014, E Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the Victim Co., Ltd. run by F (hereinafter “Defendant Co., Ltd”) entered into a contract with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) including the content that the Victim Co., Ltd. would produce and sell aggregate ( sand) and settle the profits therefrom (hereinafter “instant contract”).

Defendant

On March 2014, prior to the conclusion of the instant contract, the company repeated the operation and interruption of its operation from around March 2014, and discontinued its debt amounting to KRW 250,000,000, and discontinued its complete operation on October 1, 2014 or November 1, 2014, when the instant contract was concluded.

B. At the time when F entered into the instant contract, the Defendant Company’s debt details amounted to KRW 62 million, which was more than KRW 250 million, the actual debt details of the Defendant Company, and the Defendant used only KRW 35 million out of KRW 100 million, which was paid by the Victim Company after entering into the instant contract, to pay the Defendant Company’s debt, such as equipment rent, and the remainder was used for the purpose of personal debt repayment, etc.

(c)

After entering into the instant contract, the victim company.