All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

Summary of Grounds for Appeal

Of the first judgment of the court of first instance on the assertion of mistake of facts, the Defendant did not have conspired to commit the crime in the case of 2012 Gohap151, and the Defendant also notified the victim I and the “G Construction and Removal Corporation” (hereinafter “instant removal”) of all the facts that the performance guarantee received from the victim would be paid as compensation to the existing enterprises before concluding a construction service contract concerning the removal of the case, and used it as compensation for the existing enterprises in fact. Therefore, there is no fact that the Defendant deceiving the victim.

In addition, the Defendant did not know that he did not participate in the process of receiving KRW 100 million from the victim after concluding the contract with the victim on November 11, 2009 on the instant removal work.

Of the judgment of the court of first instance, the criminal facts of the case of "2012 Gohap739" in the judgment of the court of first instance, the defendant merely received expenses incurred in obtaining delegation of business rights from S Co., Ltd. which has the right to operate the G Site Development Project (hereinafter "the instant construction project") under an agreement with the victim, and did not induce the victim to select and order the victim as the removal project entity of the instant construction project on the premise that the defendant was delegated with the right to operate the project (the right to operate the project was not delegated). This part of the criminal facts of this case.

The Defendant of the second judgment is not aware of the business agreement (hereinafter “instant business agreement”) on July 5, 2009, and as the D, at the time, with the Defendant’s certificate of seal impression and seal impression, forged the instant agreement along with E, the Defendant did not file a false complaint with D and E.

The allegation of unfair sentencing (the first and second original judgments) by the lower court against the Defendant (the first and second original judgments: imprisonment with prison labor for 5 years and the second original judgments: imprisonment with prison labor for 1 year) is too unreasonable.

. Determination.