The judgment of the court below is reversed.

The defendant shall be punished by imprisonment for a term of one year and two months.

Each test report of the facts charged in the instant case.

Summary of Grounds for Appeal

On September 28, 2010, the Defendant was paid KRW 37,400,000 as indicated in No. 7 of the crime sight table No. 7 of the original judgment, which was the money listed in No. 7 of the crime log table of the original judgment, under the name of the money invested in the purchase of films claiming mistake of facts, and used it for the purpose of purchasing all films, and there was no intention to acquire the above money from the Defendant.

The Defendant did not fully know the existence of each quotation under the name of J Co., Ltd., and did not instruct the employees of F Co., Ltd. F (hereinafter “F”) to forge the said quotation.

The Defendant did not need to alter each test report under the name of the president of the Korea Construction Materials Examination Institute with respect to products which was not treated by F, and there is insufficient reason to recognize that the Defendant ordered I to alter the test report as to the test report.

The punishment sentenced by the court below on the argument of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

In light of the following circumstances acknowledged by the court below and the court below's duly adopted and investigated the fraudulent part of the amount listed in No. 7 of the list of crimes attached to the court below's judgment, which is the purchase fund of film purchase in determining the defendant's assertion of mistake of facts, even though the defendant did not have the intent and ability to pay the investment principal and the proceeds, the defendant can be recognized the fact that he was obtained by receiving 37,400,000 won from the victim under the title of the list of crimes attached to the court below's judgment on September 28, 2010

The judgment of the court below to the same purport is just, and there is no error of mistake as alleged by the defendant.

On September 28, 2010, the Defendant received 37,400,000 won from the victim to the national bank account in the name of F, and on the same day.