The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. It is reasonable to view the amount of damage in this case as the completed material under the design service contract of this case or the result of the completion of its important part, which the Defendant transferred from J, as KRW 130,000,000 under the design service contract of this case between the Defendant and J.

(b)the sentence sentenced by the first instance court (two years of suspended sentence for one year of imprisonment) is too unhued and unfair;

2. Determination

A. According to the evidence duly adopted and examined by the first instance court on September 12, 2014, the Defendant and J concluded a design service contract (hereinafter “instant design service contract”) with the Defendant, including the construction design, illumination (in units, units, and units), construction cost of KRW 98 million, and construction cost of KRW 12 million, and KRW 300,000,00 per unit, and KRW 28,000,000,000,000 in total, and KRW 131,000,000,000 in total, and KRW 18,000,000,000 in total, and KRW 1,30,000,00 in total, which were transferred by the J. According to the records of the instant design service contract, the Defendant and J did not provide the Defendant with a written estimate for the execution of the said construction work (hereinafter “the instant design service contract”). However, even if the Defendant did not provide the instant design drawings to the Defendant for the following reasons: