A. In fact, the Defendant attempted to pay part of the amount to the victim if he received the construction cost from another construction site or received the remainder from G apartment. However, unlike the anticipated residents of G apartment units, the Defendant merely failed to receive the remainder of KRW 319,309,600 from the victim due to the failure to receive the cost of the individual heating construction works, and had the ability and intent to pay the cost of the construction materials to the victim at the time of the delivery of the materials from the victim, and there is no fact that the Defendant attempted to pay the cost to the victim within the following month if he delivered the materials to the victim as stated in the facts of the lower judgment.

B. The sentence imposed by the lower court (one year of imprisonment) is too heavy.

2. Determination:

A. As to the assertion of mistake of facts, the following circumstances are acknowledged by the evidence duly examined and adopted at the court below and the court of the trial, i.e., H and the employee of the victim company, who is the employee of the victim company, were present at the court of the court below as a witness, and requested “C to supply the materials such as pipe and other construction work at the construction site in order to perform individual heating conversion work for 1,746 households of the defendant's management company at the end of September 201.” At the time of the supply of materials and settlement with the possibility of coming from the site within 10 days following the date.

From October 4, 201 to October 31, 2011, pipes equivalent to KRW 198,359,390 were supplied to the company operated by the Defendant, and the head of D agreed to receive the construction cost at the beginning of December.

After December 28, 2011, pipes equivalent to KRW 82,920,634 have been additionally supplied, but no percentage has been paid.

One of the reasons is that the price will be paid if it has been 700 million won or more.