Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In the course of performing the new construction of E company, the fact that Defendant 1 was not able to pay labor cost because D did not pay construction cost, and that the original copy of the standard contract for private construction works as stated in the facts charged is also submitted to the investigation agency. Thus, Defendant’s testimony cannot be deemed to be a false statement contrary to memory

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (4 months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The judgment of the court below also argued the same contents in the court below. The court below held that the defendant made a special agreement that the FF corporation and D will newly construct the construction cost of KRW 1.287 million on October 8, 2010, which is recognized by each evidence as stated in the judgment, and that the defendant cannot claim additional amount due to the occurrence of additional amount such as design change, etc. ② The defendant was paid KRW 1.2 billion from D with the construction cost, but he was paid KRW 1.2 billion on the wind of personal embezzlement of at least KRW 60 million among them, and the construction work was not completed. ③ Meanwhile, the defendant appeared on October 8, 2010 between D and C, as well as the investigation procedure on the forgery and exercise of the above contract, and the defendant did not submit the original copy of the standard construction contract to the witness in the investigation procedure on April 21, 2014 as well as in the investigation procedure on the forgery and exercise of the above contract.