A. As a result of a change in the design of a construction contract between the defendant and the victim of mistake of facts, the construction cost unpaid by the defendant is KRW 63,615,600, not KRW 44,800,000, as stated in the facts charged.

B. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s determination of mistake of facts: ① the victim filed a civil lawsuit against the Defendant for payment of the above amount; ② the victim’s claim amount was reduced to KRW 5,329,40, and the Fire Services Corporation was added to KRW 4,345,00, and the unpaid construction cost was increased to KRW 63,615,60 (= KRW 5,329,400 - KRW 5,329,400 - KRW 15,345,000 - the Defendant’s payment - the owner 26,000,000 - the owner - the victim’s payment was 26,000,000; ② the victim did not submit a complaint against the Defendant in the above lawsuit; and the Defendant did not file an appeal; and ③ the Defendant did not have agreed to reduce the construction cost by 60,500,000, which was sufficiently different from the Defendant’s payment of the charges.

B. There is no change in the conditions of sentencing compared with the judgment of the first instance court on the assertion of unfair sentencing, and the first instance court.