The judgment below

The guilty portion shall be reversed.

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

except that this judgment.

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the case by the defendant, the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

(2) The defendant and his defense counsel have withdrawn the assertion of mistake of facts on the third trial date of this Court, and such withdrawal shall not be judged separately).

(1) In full view of the fact that the Defendant entered into a contract for construction with the victim on November 30, 2007 without the intent or ability to pay the construction cost, the lower court acquitted the Defendant of this part of the charges. In so doing, the lower court erred by misapprehending the legal doctrine or affecting the conclusion of the judgment, which affected the conclusion of the judgment by misapprehending the legal doctrine.

(2) In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant is too uneasible and unreasonable.

2. Determination

A. In a thorough examination of the prosecutor's assertion of mistake of facts and misapprehension of legal principles (the part on acquittal in the grounds) by comparing the reasoning of the judgment below with the records, the court below is justified in finding the defendant not guilty on the ground that this part of the facts charged constitutes a case where there is no proof of a crime, and it does not seem that there is an error of mistake of facts or misunderstanding of legal principles

B. As to the assertion of unfair sentencing by both parties, this case’s fraud was committed.