A. The Defendant: (a) was willing and capable of manufacturing design drawings to change the use of the money received from P; (b) but P did not change its own use.

Since there is no intention to commit deception or fraud, the court below found the defendant guilty of this part of the facts charged.

B. The lower court’s unfair sentencing (Crimes No. 1 of the 2016 Highest 2831: Imprisonment with prison labor for one year, 2016 Highest 2, 2831 Highest 2, 2016 Highest 3547: fine: KRW 5 million) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, ① the Defendant, upon request from the victim P on February 4, 2016 to sell Q Q Q land instead of Gwangju City, upon receipt of a request from the victim P to sell the land in lieu of Gwangju City, the Defendant may obtain a higher price for the Defendant to obtain the authorization and permission by changing the use of the land to a warehouse site. In order to change

The phrase “a request for design cost of KRW 2.1 million” was made, the Defendant received cash of KRW 700,000 from the injured person on February 4, 2016 as design cost and transferred KRW 500,000 to the post office account in the name of the Defendant on February 6, 2016, and ② the Defendant paid KRW 1 million out of KRW 1.2 million to the design office.

In full view of the following facts: (a) there is no evidence to acknowledge one’s assertion; (b) the victim of the Gu administration, and (c) the victim requested the Defendant to design the plans; (c) the Defendant did not comply with the request; and (d) the Defendant returned 1.2 million won to the victim; and (c) the victim thereafter, even if the victim did not return it until he/she filed a criminal suit, he/she returned it to November 22, 2016, which was after he/she was detained in the High Court 2831 case.