The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. On May 31, 201, the Defendant, at the time of signing a contract with the victim, could sufficiently prepare scrap metal to be supplied to the victim C, such as securing waste vessels and waste water pipes, etc. The Defendant was aware of the fact that there was an accident of death of a part of a human body in the Russian production workplace on June 3, 2011, the Defendant did not supply scrap metal to the victim until the end of June 201, the Defendant did not supply scrap metal to the victim until the end of June 201, the Defendant did not instruct H to make a false statement in relation to securing containers; the Defendant was actually establishing a juristic person for the scrap metal business after having entered into a contract with the victim and obtained permission therefor; the Defendant could no longer enter into the market by intimidation, and the Defendant eventually became unable to supply the victim with the intention or ability of the Defendant to supply it from the beginning. In light of the fact that there was no intention or ability of the Defendant to supply it to the victim.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the court below based on the evidence duly admitted and investigated as to the assertion of mistake of facts, i.e., the defendant failed to secure the waste ship, etc. that can produce scrap metal due to the lack of financial conditions at the time of May 31, 201 (no objective data exists to support that the defendant had secured one waste ship and one waste water water supply contract concluded with I, etc. other than the victim (no objective data exists to support that the defendant has secured one waste ship and one waste water supply contract). In addition, the defendant has already been unable to properly implement the contract for supply of scrap metal concluded with I, etc. at the time of such contract.