A defendant shall be punished by imprisonment for a term of one year and two months.

A. Fact-misunderstanding 1) The Defendant is not required to conduct a manufacturing inspection of the instant chemical boiler.

Since the victims did not know that they did not undergo a manufacture inspection, there was no intention to deceive the defendant.

2) The chemical boiler of the instant case refers to the output per hour of 1.5 tons per 1.5 tones (one toes).

(hereinafter the same shall apply)

Although there was an objective ability to produce a team, the above production was not achieved due to the problems such as the supply of fuel, securing of human resources, and water at the operating stage. Thus, the defendant did not deceiving the victims of the performance of the chemical boiler of this case.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. In light of the following circumstances revealed by the lower court’s judgment as to the assertion on the necessity of the manufacturing inspection and the evidence duly admitted and investigated by the lower court, the manufacturing of the instant chemical boiler shall undergo an inspection by the Energy Management Corporation, and the boiler that did not undergo such inspection shall not be sold or operated. It can be acknowledged that the Defendant did not notify the victims of the fact that he did not undergo the manufacturing inspection of the instant chemical boiler even though he was well aware of such fact.

This part of the defendant's assertion is without merit.

A) According to Article 39(1) of the Energy Use Synthetic Act, Article 31-6, and attached Table 3-3 of the Enforcement Rule of the same Act, the instant chemical boiler falls under the steel boiler and is subject to manufacture, sale, and use of the said boiler under the said Act.

In addition, since the manufacturing inspection is conducted at the manufacturing stage in the new manufacturing process, the already completed equipment cannot be inspected.

On the other hand, the defendant against the victims of the instant chemical boiler.