A. Although the defendant received 20 million won from the victim by mistake of facts, there was no fact of deceiving the victim as stated in the facts charged, and there was no intention of defraudation.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. The following circumstances acknowledged by evidence duly adopted and examined by the lower court and the trial court as to the assertion of mistake of facts: (i) the victim requires 30 million won as the initial fund of the Dobong-gu Seoul Metropolitan Government H Corporation (hereinafter “H Corporation”); (ii) the victim, upon payment of KRW 30 million to the victim, paid KRW 10 million first on April 16, 2013; and (iii) the H Corporation renounced the construction; and (iv) the Defendant again stated that he would give a subcontract to the owner of the instant construction project on June 17, 2013 (see, e.g., Supreme Court Decision 200, Jun. 17, 2013; 2) the Defendant, on the ground that he/she did not have trusted that he/she would have been able to receive the e.g., a copy of the instant construction project; and (iv) the Defendant’s statement that he/she had no trust in entering into the instant construction project with the owner of the instant construction project.