2. The defendant shall be punished by imprisonment for three years;

3.Provided, That it shall be for four years from the date this judgment becomes final and conclusive.

A. The Defendant is involved in the victim’s misunderstanding of facts in the J-U.S. project.

거나 D가 I에 J 유도미사일 관련 부품을 납품한다는 취지로 말한 적이 없고, L-SAM 또는 씨커(Seeker) 미사일의 부품 300∽400개 정도의 납품이 가능하다고 말하였을 뿐 10,000세트를 납품하게 해주겠다고 약속한 적은 없다.

However, even if the Defendant fulfilled his obligation to transfer technology on September 2014, 2014, it was difficult for I to escape from the bid related to Crackers from the difference of 0.3% and to meet the supply volume on the wind selected L, and the Defendant failed to produce the high-tension exchange type in a proper manner, so the instant arrangement (referring to an investment and technology transfer agreement entered into between D and the victim on May 21, 2014) is not properly implemented, which is merely a matter of non-performance of civil law.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the lower court also asserted as the grounds for appeal in this part. On this point, the lower court determined that: (a) the victim was not aware of the content of the instant agreement by his own decision or negligence; (b) the type of the unclaimed project and the quantity of the goods supplied, which are important information to determine whether to conclude the instant agreement, was not informed by the Defendant; (c) the Defendant had no intent and ability to allow the victim to supply the parts of 10,000 feet at the time of the conclusion of the instant agreement; and (d) the lower court determined that the Defendant was aware of the content of the instant agreement, not by his own decision or negligence, but by being informed of the content different from the fact.