The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the Defendant, as he had the intent and ability to pay the construction price in time to the victim at the time of the instant case, is not recognized as a criminal intent by deception.

Nevertheless, the court below which found the defendant guilty has erred by misunderstanding the facts, which affected the conclusion of the judgment.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts.

① On April 1, 2010, the Defendant was awarded a sub-subcontract for the installation and transport of Chinese sperm in the C Park Creation Project, which entered into a contract with ES General Construction (State) and entered into a subcontract with ES General Construction (State) for the installation and transport of Chinese sperm in the C Park Construction Project, which entered into a contract with limited companies, for the installation and transport of Chinese sperm in the amount of KRW 264 million at the sight of a limited company.

② On April 2010, the Defendant, at the F Office operated by the Victim D around April 2010, paid the Defendant construction cost according to the nature of the construction work on the face of KRW 146 million, with a traditional 2-dong construction work during the said construction work, to the victim of the F Office operated by the Victim D.

After words, oral contracts were concluded with the victim as above.

③ From May 2010, the victim began to perform two traditional construction works on each of the ground of the traditional planting.

④ On April 2010, the Defendant received KRW 220,000,000,000,000 in total, including the intermediate payment on July 13, 2010, the intermediate payment of KRW 10,000,000,000,000 around December 201, 2010.

⑤ After that, the victim completed the 1st century, and requested the Defendant to pay the construction cost of KRW 67,650,000,000. The Defendant paid only KRW 25 million.

6. The Defendant’s payment of KRW 50 million in the subcontract price paid at C’s sight to I for the entire construction work at C’s expense, and the Defendant’s payment of KRW 60 million in the total construction work at C’s expense to E.S. General Construction (State).

10 million won was paid by the Defendant to another private person.