A. Although the Defendant, in collusion with D, prepared and delivered receipts, shipment certificates, and notes to H by the representative director of G Co., Ltd., the Defendant believed the horses of D, and the Defendant did not defraud KRW 100 million from the victim.

H merely succeeded to the purchaser status of waste materials (deficial pressure) entered into between D and J, and there is no fact that D or the Defendant deceptiond H as stated in the facts charged in this case.

D entered into a business license agreement with Company I for the supply of pulmonary voltages, and Company I, a successful bidder of 66 tons of pulmonary voltages from Korea Electric Power Corporation, and H, a joint bidder of 66 tons of pulmonary voltages from Company I.

However, H was unable to be supplied with 66 tons of waste transformers because it was impossible for H to pay the above 65,450,000 won, and thus, the supply contract of waste materials of this case was nonexistent due to the causes attributable to H.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the court below on the defendant (the fine of KRW 10 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the following facts or circumstances are recognized.

In other words, on October 11, 2010, G representative H entered into a contract for the supply of waste materials (defluence period) with E, a corporation operated by D, from October 13, 201 to October 30, 201, with the business period from October 13, 201, and with the special terms and conditions, stating that “the amount of defluence period shall be from 7,000 tons per annum to 1,300 tons per annum,” and paid KRW 100 million as contract performance guarantee to D during the same month.

(B) Of them, KRW 30 million was paid to J under D’s instruction. The Defendant entered into a contract on behalf of D for the supply of the above waste materials (definites), and on October 201.