The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, although the defendant received entertainment from the victims or borrowed money, the defendant did not deceiving the victim that he would give a subcontract for a construction work, while the victims knew well that he did not have the right to decide whether to give a subcontract for a construction work, the victims offered entertainment or actually lent money to the victims, such as the facts charged, and the defendant did not induce the victims as in the facts charged.

B. The lower court’s sentencing (one month of imprisonment, two years of suspended sentence, two years of social service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances that can be seen by the evidence duly examined and adopted by the lower court regarding the assertion of mistake of facts, the Defendant can recognize the fact by deceiving the victims under the absence of the intention or authority to subcontract the new construction project to local areas (hereinafter “instant construction project”), and the testimony of the witness T in the trial room alone is insufficient to affect the said judgment, and there is no other error of mistake of facts as pointed out by the Defendant.

1) The victims, from the police to the court of original trial, stated that they provided entertainment and borrowed money, and made a relatively consistent statement to the effect that they were reliable. 2) The victims, a company to which the victims belong, had been performing civil engineering works at the construction site of this case from October 2012 to the construction site of this case, and there was no other subcontractor, and the Defendant said that “the current E is performing construction works, but it will not be a contract, and will be future.”

(No. 127 pages).