Defendant

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

except that this judgment.

A. Defendant B was merely the chief of the headquarters of L Co., Ltd. (hereinafter “L Co.”), and Defendant B prepared a receipt of KRW 100 million under the direction of H and L Co., Ltd. (hereinafter “instant association”) and the actual representative director of H and L Co., Ltd. who entered into a provisional contract for implementing and managing a reconstruction project with L Co., Ltd. (hereinafter “instant association”). As such, Defendant B did not receive money in collusion with Defendant A.

B. The defendants' punishment (the defendant A is sentenced to 8 months of imprisonment, and the defendant B is sentenced to 4 months of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below regarding Defendant B’s assertion of mistake of facts, Defendant B knew that there was a problem in the above provisional contract since H’s qualification as the president of the association, the representative of the association of this case, entered into a provisional contract for reconstruction project management on June 18, 2006, and around six months passed since the conclusion of the reconstruction project management agency contract, and knew that the above provisional contract was revoked on October 9, 2008. Defendant B knew that L company’s registration was revoked. Defendant B received KRW 100 million from the victim as advance payment for the demolition project related to the reconstruction project of this case. Defendant B knew that the victim was paid KRW 100 million as advance payment for the reconstruction project of this case. The agreement on the reconstruction project between the victim and L company was entered into with Defendant A and notified the victim of the receipt of KRW 100,000,000,000,000,000,000.