Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

(b).

A. In this case of mistake of facts, the court below erred by misapprehending the facts of this case, although the Corporation was the wind to be delayed due to the circumstances on the original executor’s side, and even though the Defendants did not have the intent to obtain fraud, the court below erred by misapprehending the facts of this case.

B. Each sentence of the lower court (Defendant A: Imprisonment with prison labor for eight months and Defendant B: imprisonment with prison labor for ten months) against the Defendants is too unreasonable.

2. Determination

A. In light of the following circumstances, which are acknowledged by the court below by comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) even though the H consortium development project was approved on or around September 2006, and did not begin the construction work for the KFC, the Defendants were paid KRW 45 million as the starting fee around November 201, by deceiving the Defendants to give a subcontract for the access road construction for the golf club; (ii) the construction work for the golf club was not commenced thereafter; and (iii) the Defendants were aware at least that the construction work for the golf club was delayed due to the lack of profitability at the investigation agency; and (iii) the Defendants, as well as the investigative agency and the court of the court of the court of the court below, did not fully recognize that the construction work for the golf club was not commenced at the time of the commencement of the construction work at the time of the first trial date; and (iv) the Defendants were sufficiently informed of the facts that the construction work had been executed by the victim of the golf club, without being issued by the victim.

B. Unreasonable sentencing.