The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants, this is against the Defendants.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts : (a) believed the Korea Highway Corporation to be able to carry out freezing removal works; (b) provided 1,000 won of the said money as security; and (c) paid 10,000 won out of the said money to G as performance guarantee money because it did not reach an agreement between G and the Korea Highway Corporation; (d) it cannot be said that Defendant A had a criminal intent to acquire by fraud to Defendant A; (e) the sentence of the lower court of unreasonable sentencing (hereinafter imprisonment of eight months) is too heavy.

B. The sentence of Defendant B (six months of imprisonment) is too heavy.

2. Determination

A. The following circumstances can be acknowledged in full view of the evidence duly admitted and examined by the lower court against Defendant A (A).

① On November 18, 201, when Defendant A entered into a contract for the removal of obstacles and material disposal works (hereinafter “the contract for removal”) to the warehouse owned by the freezing Industries Co., Ltd. (hereinafter “Seute Industries”) and the Yeute Industries Co., Ltd., Ltd. (hereinafter “Seute Heavy Industries”), he was unable to give orders from the Korea Highway Corporation to perform the said construction works. Moreover, the amount of compensation determined for obstacles to the ownership of the small and medium industry is less than that of the small and medium industry, so that the small and medium industry could supplement the shortage of the amount of compensation, the small and medium industry requested the Korea Expressway Corporation to directly designate the removal company and allow the removal and reuse of the facilities. Accordingly, Defendant A also entered into a contract with G with G.