1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of one year and six months;

3.Provided, That this judgment has become final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which is the primary charge), the Defendant asserted that there was an error of misunderstanding of facts or misunderstanding of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and occupational embezzlement in the judgment of the court, but withdrawn the above assertion through a statement in the supplementary statement of reasons for appeal in November 8, 2018

A) There was no fact that the Defendant intended to transfer the shares to the victim. Although the Defendant received a total of KRW 6.5 billion from the victim, it was merely received as investment money, not paid as B’s transfer proceeds. The Defendant’s share acquisition agreement on March 15, 2016 stating that he/she would transfer the shares to the victim (hereinafter “instant share acquisition agreement”).

(2) The court below was prepared to secure the above investment funds. Nevertheless, the court below found the defendant guilty of this part of the facts charged, and there was an error of misunderstanding of facts or misunderstanding of legal principles. 2) The court below's sentence of unfair sentencing (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. First of all, we examine the defendant's assertion of mistake or misapprehension of legal principles.

A. The summary of this part of the facts charged is the representative director B.

The Defendant entered into a contract with the victim E to acquire the project implementation right and the ownership of the project site from G Co., Ltd. (hereinafter referred to as “G”) and H Co., Ltd. (hereinafter referred to as “H”) with the right to implement a project and the ownership of the project site that the Plaintiff, “D,” located in Daegu Suwon-gu, as of February 2, 2016, created a general industrial complex from the F in Yongcheon-si, Young-si.