The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. At the time of transfer of the subcontracted construction in this case by mistake of fact, D was a state of entering into a subcontract with G Co., Ltd., and thereafter there was no criminal intent to obtain fraud from the Defendant in light of the fact that the Defendant actually engaged in construction with the victim K.

B. The first instance of the unfair sentencing decision (2 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined at the first instance court on the assertion of mistake of facts: ① D, on February 10, 2010, lent the name of the first instance court E Co., Ltd. (hereinafter “E”) to G Co., Ltd. (hereinafter “G”) to the head of G headquarters to accept a subcontract for interior works for 1 unit H apartment and 2 units at the time of permission for construction; (3) deliver KRW 20 million to E’s representative director F in return for the name lending; (2) D, upon receiving a subcontract for the above interior works from G on February 10, 2010, 1000 won, 200 won was transferred to G; and (4) the victim agreed to re-subcontract or transfer the contractor’s status immediately thereafter; and (4) the Defendant, upon being aware of the fact that it had been transferred to the victim of D construction works at the time of the transfer of the subcontracted construction works at the same time, 200 won was transferred to the victim of D construction works at the same time.