A. The Defendant is entitled to cause C to order the removal work.

Because of the belief, C was introduced to the victim, and C was unaware of the fact that it was not authorized later to do so, and C was unaware of the fact that there was no authority to do so with respect to the order of removal work.

The victim also invested KRW 130 million to C, and the said money is most used by C, and there is no conspiracy between C and the Defendant to commit the instant crime.

B. The sentence sentenced by the lower court (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant committed the instant crime in collusion with C even with C even with knowledge that the Defendant had no authority to have the removal work ordered, even if not.

Since it can be sufficiently recognized, this part of the defendant's assertion is not accepted.

1) The Defendant, from January 2, 2015 to around December 2, 2015, was on the spot warden C.

The M Construction Site shall be repaid after one month from N under the pretext that it will be used as the cost for receiving orders for the removal of the M Construction Site, and borrowed KRW 50 million, but the said money was fully used for entertainment expenses or living expenses with C, A, etc., and was not used for the cost required for receiving orders for the removal work.

2) Upon receiving N’s demand for repayment of borrowed money, the Defendant found a hospital operated by the victimized person on or around March 2015 several occasions and received M&D orders through C, and suggested that 200 million won should be invested with funds to receive the construction order.

3) On April 22, 2015, the victim first refused the proposal of the defendant, but shown field pictures, etc., under the name of the defendant as contract deposit.