A defendant shall be punished by imprisonment with prison labor for not more than ten months.

A. Fact-finding (as to the fraud against victim N), the pecuniary benefit acquired by the defendant is merely 28 million won, not 74 million won but 28 million won. B. The punishment that the court below rendered by improper sentencing (a year and 2 months imprisonment) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of fact: (i) the victim N was awarded a subcontract to the instant construction work by the investigative agency from June 17, 2014 to July 31, 2014, and was not paid KRW 74 million for the construction cost.

The statement was made (2016 Highest 6945, page 55), the standard construction subcontracting contract, construction cost status, materials storage status, tax invoice, etc. as data to support the contents of the above construction cost (7 to 22 pages), and the above documents contain the details of expenses, personnel expenses, transportation expenses, etc. incurred by W subcontracted the instant construction from the victim N and the above damage, and according to the "current Status of Construction Expenses", the above amount of construction cost to be received by W is stated as KRW 74 million. ③ The defendant was a person who actually conducted the instant construction at the investigative agency only managed and supervised the instant construction site and did not directly perform the construction work, and the defendant stated that WN was not to have paid approximately KRW 60,000 as W construction cost (the same evidence record). ④ The victim N was to have paid KRW 8,000,000,000 to the investigation agency for the instant construction work and KRW 68,000,000,000 for the instant materials and transportation cost.