The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the following circumstances, even though all the facts recorded in the complaint are objectively true and partially false, it is somewhat exaggeration of the reported facts, the court below erred by misapprehending the legal principles as to mistake of facts or mistake of facts, thereby adversely affecting the conclusion of the judgment.

(1) In concluding a contract for the instant construction works with E, the Defendant did not agree to pay a substitute material price in addition to the construction cost.

② The Defendant did not agree to set the construction cost of the instant construction project as KRW 185,00,000 and to pay the additional tax separately. Since, after concluding a contract, E demands the increase of the construction cost, the Defendant newly set KRW 203,50,000, which is the amount calculated by adding 10% to the said construction cost, as the construction cost of the instant construction project.

③ The Defendant affixed a seal on the part of the guarantee limit column in the order of ready-mixed, and thereafter, E voluntarily stated “Won 170,000,000” in the guarantee limit column.

B. The Defendant asserts that the sentence imposed by the lower court (one year of imprisonment and two years of suspended execution) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The facts charged in this case

1. Around June 25, 2014, the Defendant drafted a written complaint against E at the Defendant’s home located in the D apartment 204 Dong-si, 502.

In the column for the payment of construction charges under Article 5 of the contract for private construction works that the complainant prepared with respect to the construction of the two and six parcels outside the FF when the complainant made the contract to the defendant E (hereinafter referred to as the “instant construction”) with the defendant E, the defendant's "special agreement - at the time of completion of the first floor of the structural construction - the price of the material for the material for the consent of the defendant (17).