The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. According to the summary of the grounds for appeal by the public prosecutor, the victim and the victim’s statement, etc. who arranged a subcontract agreement between the victim and the defendant, who had been at the site and the victim, believed that the victim will start construction around March 2009, as they belong to the defendant, etc., and believed that the subcontract was concluded. However, the victim made a false statement as to the time when construction can start without notifying the defendant of the issuance of the order to suspend construction by acquiring KRW 500 million only the evidence submitted by the public prosecutor.

The court below erred by misapprehending the fact that it was insufficient to recognize the fact that the victim provided KRW 500 million to the defendant by deceiving the victim.

2. The facts charged in this case and the judgment of the court below

A. The Defendant is the representative director of a limited company E (hereinafter referred to as “E”) that runs the business of installing water supply and sewerage systems, and the victim D is the representative director of K Co., Ltd. (hereinafter referred to as “K”) that runs the business of selling aggregate and disposing of waste.

LIG construction was awarded a contract of KRW 38 billion for LIG construction (ju), dry comprehensive construction (ju), Maritime Integrated Construction, and Ondo Light Construction (hereinafter referred to as “LIG construction, etc.”). LIG construction, etc. awarded a subcontract of KRW 27.45,2275,00 for removal and waste disposal construction among them.

However, upon the request of LIG construction due to the lack of relocation measures and failure of relocation of residents, the construction project was in the state of suspension of construction works on October 23, 2008, and it was difficult to estimate at any time when the construction is resumed.

The subcontracting contract between E and LIG Construction is paid for construction works according to the flag ratio, and the site management expenses are borne by E, and the management expenses to be paid to LIG Construction in early September 2008 were under pressure on financial pressure to the extent of KRW 185 million.