A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the Supreme Court Decision 2013Da3439 Decided September 2, 201

A. In the case of misunderstanding of facts (1) [2013 Highest 3439], at the time when the Defendant entrusted the landscaping work to the victim, the Defendant anticipated that the Defendant would pay to the Defendant approximately KRW 120 million settlement amount equivalent to the KRW 120 million to the Defendant.

However, at the time of the completion of the construction work, I argued that the settlement amount is only KRW 30 million, and as a result, I did not pay the defendant with assistance of KRW 30 million.

Therefore, the court below found the defendant guilty of this part of the facts charged despite the fact that the defendant did not intend to acquire money by deceiving the victim.

(2) As to the case [2013 Highest 3012] case, the defendant did not intend to defraud the money by deceiving the victim, because he was instructed by the enemy amounting to KRW 400 million due to the failure to manage the situation at the time, and was unable to repay the borrowed money to the victim.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the facts charged.

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

2. Summary of the facts charged in this case

A. [Attachment 2013 Highest 3439] The Defendant was performing construction by re-subcontracting part of H landscaping construction work from November 2008 to the company I, Inc., a corporation.

The Defendant, at the construction site of September 2009, concluded that the victim E who supplied wild flowers, etc. to a tree company other than the above golf course landscaping company, which was a subcontractor of the above golf course, “The Defendant would pay the price as soon as possible than that of the hump of the construction site, regardless of the decline of a golf course.”

However, at the time, the defendant suffered a lot of defects while performing the above golf course landscaping construction works, and thereby suffered losses in the course of the repair work, so it is also delivered wild flowers from the victim.