The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In light of the fact that the defendant entered into a contract for fire-fighting system installation (hereinafter “instant fire-fighting system installation contract”) with the victim in excess of his/her obligation on March 27, 2013, and that the defendant did not pay the construction cost agreed upon by the owner, the court below found the defendant not guilty of this part of the charges.

The sentence of imprisonment (six months of imprisonment and one year of suspended execution) imposed by the court below on the defendant is too uneasible and unfair.

Judgment

The lower court’s determination on the assertion of mistake of facts: (a) although it is recognized that the Defendant was in excess of the obligation of the Defendant at the time of concluding the instant fire-fighting system installation contract with the victim on March 27, 2013, the lower court: (b) concluded the instant contract with the victim on the evidence duly admitted; (c) the Defendant agreed to pay the down payment of KRW 16 million at the time of entering into the contract with the victim for the said construction; (d) the remainder of KRW 18.5 million at the time of completion of the construction; and (e) the Defendant paid the victim the down payment of KRW 16 million at the time of completion of the construction; (b) the Defendant paid the victim KRW 23,636,400 as the down payment for the said construction; and (c) the Defendant proposed that the Defendant will complete the remainder of the construction cost for the elderly welfare facility and the construction cost for the sanatorium for the elderly at the time of completion of the construction; and (e) the Defendant accepted the respective contract and the construction price for the sanatorium for KRW 130.5.5 billion.