The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The fact that the defendant, at the time of the instant construction contract, did not allow the victim to receive direct payment of the construction cost as promised with the victim at the time of the instant construction contract. However, the defendant endeavored to have the victim receive direct payment of the construction cost from F, the ordering owner, and the defendant concluded a claim transfer and takeover contract for the amount equivalent to KRW 444,30,200,200 for the original construction cost between Sha comprehensive Construction Co., Ltd. and the defendant would be able to pay all the subcontract construction cost to the victim in a case where the above original construction cost he received by the defendant was normally carried out. The order of construction suspension was issued due to the rupture of the rupture, and the order of construction suspension was delayed due to some defects among the concrete construction executed by the victim, and the construction was delayed due to the increase in the burden of debt, such as bond interest, etc. due to reconstruction.

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

2. Determination

A. The following circumstances acknowledged by the court below's duly adopted and investigated evidence as to the assertion of mistake of facts, i.e., ① the victim did not think that the construction work was not properly paid due to the fact that the construction work was the government-funded construction in the court below, and the defendant and the construction contract would not be directly paid, and ② the Construction of Warsaw General Co., Ltd. (hereinafter "Ssaw General Construction") was awarded a successful bid, but the creditors of the Shsaw General Construction Co., Ltd. attached the claim for the construction work for the Kim Jong-sik Construction of Shsaw General Construction, and the construction of Shsawlon General Construction was made a package subcontract to the defendant.