For a hypothesis set $H=\{h_1,...,h_M\}$, randomly sampled training set $D_{train}$, and a learned hypothesis $g$ using $D_{train}$, the VC-bound of a finite hypothesis set tells us
$$ P[|E_{in}(g)-E_{out}(g)|<\epsilon] \geq 1-2|H|e^{-2\epsilon^{2}|D_{train}|} $$
where $E_{in}(g)$ is the in-sample error of $g$ and $E_{out}(g)$ is the out-of-sample error of $g$.
This result implies that very complex hypothesis set can increase inaccuracy of learning by increasing generalization error $\sqrt{{1 \over 2|D_{train}|}ln{2|H|\over\delta}}$. Ok. It's right.
However, consider following situation.
Given the finite hypothesis set $H=\{h_1,...,h_M\}$, randomly sampled training set $D_{train}$, our empirical risk minimization algorithm(ERM) picks the hypothesis which minimizes $E_{in}$. Suppose that we finally got $h_2$ as the result of this algorithm for this training set $D_{train}$. In other words, suppose that $h_2 = argmin_{h \in H} E_{in}(h)$ for this training set $D_{train}$.
Suppose that there was some person who insisted that $h_2$ is the best hypothesis before looking at the training set $D_{train}$. For this guy, $D_{train}$ is randomly sampled training set regardless of $h_2$.
So he can insist that
$$ P[|E_{in}(h_2)-E_{out}(h_2)|<\epsilon] \geq 1-2e^{-2\epsilon^{2}|D_{train}|} $$
by using Hoeffding's inequality.
This means that for at least probability $1-\delta$,
$$E_{out}(h_2) \leq E_{in}(h_2) + \sqrt{{1 \over 2|D_{train}|}ln{2\over\delta}}\:.$$
If we used really complex hypothesis set, the value $E_{in}(h_2)$ might be really small. Since the term $\sqrt{{1 \over 2|D_{train}|}ln{2\over\delta}}$ is not affected by complexity of hypothesis set $H$, it seems that more complex hypothesis set makes the bound $E_{in}(h_2) + \sqrt{{1 \over 2|D_{train}|}ln{2\over\delta}}$ tighter.
So this result tells us that using complex hypothesis set guarantees that we can find some $h$ which has very tight bound on $E_{out}(h)$. In other words, this result tells us that using complex hypothesis set makes the out-of-sample of learned hypothesis lower.
Then why are people concerned about overfitting?
Where am I doing wrong?
I think I don't fully understand how to apply the inequality $$ P[|E_{in}(g)-E_{out}(g)|<\epsilon] \geq 1-2|H|e^{-2\epsilon^{2}|D_{train}|}\:. $$
If we find some hypothesis $h$ which has really low $E_{in}(h)$, then Hoeffding's inequality always guarantee that $E_{out}(h)$ will be also smaller regardless of the complexity of hypothesis set. Also, complex hypothesis set makes us find the hypothesis which has really low $E_{in}(h)$. So isn't using a more complex hypothesis set always good?