Defendant

As to the fraud of misunderstanding of facts against AM, the judgment of the court below that found the defendant guilty of the facts charged in this case by recognizing the criminal intent to acquire the crime, even though the defendant did not have to complete construction work on the wind under which the defendant is bound, and there is an error of law that affected the conclusion of the judgment.

The lower court’s imprisonment (four years of imprisonment) with prison labor is unreasonable.

The punishment of the court below by the public prosecutor shall be unhued and unreasonable.

Judgment

The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud to judge the defendant's assertion of mistake of facts, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime unless the defendant confessions, and the criminal intent is sufficient not to be a conclusive intention but to

In full view of the following circumstances acknowledged by the court below and the court below’s duly adopted and investigated evidence, it is difficult to deem the Defendant at the time of committing the instant crime that the Defendant had the ability to complete construction work under the instant construction contract, and the Defendant had the intention to obtain the Defendant’s deception, and thus, the court below’s judgment convicting the Defendant of the instant facts charged is just and acceptable, and this part of the Defendant’s assertion is without merit.

Around October 6, 2012, the Defendant entered into a contract with the victim on the construction cost of KRW 20 million, and the date of completion on November 15, 2012 with the Defendant, which entered into a contract for construction of assembly-type panel structures (the 11th page of the investigation record). On November 2, 2012, the Defendant changed the sewerage system, excellent pipes, septic tanks, and water supply system from November 2, 2012, and agreed with the victim to perform construction works on the change of design, without requiring additional amounts, in addition to receiving KRW 1 million from the victim.