A. Defendant A (1) There is no absolute conspiracy or conspiracy with Defendant B of mistake of facts.

(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. Defendant B’s imprisonment (three years of imprisonment) is too unreasonable.

Judgment

A. In light of the following circumstances that can be known from the evidence legitimately adopted and investigated by the court below (the criminal facts of Paragraph 1 of the original judgment), it can be recognized that Defendant A conspired with the victim B in collusion with the victim I, thereby deceiving the victim I and defrauding the victim KRW 80 million, as stated in Paragraph 1 of the original judgment, so the Defendant A’s assertion of mistake of facts is without merit.

(1) On June 2, 2014, Defendant A entered into a contract for interior works with the victim for direct construction cost of KRW 35 million, additional construction cost of KRW 45 million, other than written estimates, under the name of F, and KRW 80 million.

(2) As a representative of F who employs Defendant B, Defendant A is obligated to determine whether he/she has the capacity to complete the construction on the date determined by F before entering into the contract.

(3) After entering into a contract with the Defendants, the victim stated that he was demanded to pay the construction cost (fore, 62 pages of the investigation record). Defendant A was also directly transferred KRW 60 million out of the amount of damage.

(4) There are circumstances in which Defendant B personally uses part of the money remitted by the victim or directly receives the remittance from the victim.

Even if there is no interference with the defendants' acknowledgement of the facts of conspiracy.

B. (1) Whether or not Defendant A committed the instant crime without being aware of it during the period of repeated crime due to the same kind of crime, etc. is disadvantageous to Defendant A’s partial progress of the interior works, including favorable sentencing factors, or multiple criminal records including the same kind of crime, Defendant A committed the instant crime without being aware of it, and the fact that Defendant A did not recover damage to the victim.