The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. The Defendant, who was aware of the fact, promoted the instant project with Q Q Co., Ltd. (hereinafter “ Q Q”) representative director in charge of authorization and permission for an urban development project of the former Ewon in Changwon-si, Changwon-si (hereinafter “instant project”).

At the time of the instant crime, Q Q entered into an entrustment agreement with the Y Committee (hereinafter “Promotion Committee”) on the implementation of the instant project, and the instant project was normally carried out, such as investment.

In consultation with J, the Defendant established D Co., Ltd., a special purpose company necessary for the instant project (hereinafter referred to as “D”), and made efforts to gather investors and introduce them to J.

The J prepared a number of contracts or investment contracts with the defendant to implement civil engineering works, etc. when the approval or permission is granted to the defendant. Accordingly, the defendant has the intention or ability to subcontract civil engineering works, etc.

In addition, the victim I directly found the defendant and expressed his intention to participate in the project, and the defendant, when preparing a standard contract for construction work with the victim, requested consent from J and received money by taking all measures so that the defendant can immediately receive construction work after authorization and permission, and the defendant did not intend to deceive the victim.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The intent of defraudation, which is a subjective constituent element of the relevant legal doctrine, is to be determined by comprehensively taking account of 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 is led to the confession, and the crime of fraud is also committed by willful negligence.