The judgment below

The part against the defendant shall be reversed.

Imprisonment with prison labor for each of the crimes of paragraphs 1 and 2 of the judgment of the defendant.

1. Summary of grounds for appeal;

A. As to the fraud of the victim E during the criminal facts in the judgment of the court below for a mistake of facts, the court below found the defendant guilty of each of the charges against the defendant, even though he did not have any reason to deceiving the victim only in this case because the defendant had made a transaction, such as re-subcontract, even before the victim and the defendant did not have any reason to belong to the victim, since the defendant had actually been awarded a contract for the removal work from the corporation G, and the defendant was in a position to transfer the right to collect scrap iron from the victim I, and the defendant was in a position to actually acquire the right to collect scrap iron from the scene of the Seocho-dong removal work.

B. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. Before judgment on the grounds for appeal ex officio, the defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act at the Seoul Southern District Court on January 27, 2012 and a suspended sentence of 2 months for the same year.

2. 4. The judgment became final and conclusive. Each crime of fraud against the victim E and I of the above crime and the defendant of this case, for which the judgment became final and conclusive, is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, regardless of the reasons for ex officio reversal.

B. (1) The judgment of the court below as to the defendant's assertion of mistake of facts is based on the evidence duly adopted and examined by the court below, such as the defendant's partial statement in the court below, E's police statement, copy of removal contract, and standard contract.