The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Regarding the facts stated in the judgment of the court below, the defendant had no legitimate authority to subcontract to another person as the representative director of H (hereinafter "H") who is the executing company of Ulsan-gun, Ulsan-gun and J apartment construction on the ground (hereinafter "new construction of this case") in accordance with an agreement with the K General Construction Co., Ltd. (hereinafter "K General Construction"), a contractor, under an agreement with the K General Construction Co., Ltd. (hereinafter "K General Construction"), among new construction of this case, since the defendant had a legitimate authority to subcontract to another person as to the new construction of this case.

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.

As to the crime No. 2 of the judgment of the court below, the defendant did not conclude that he would give a subcontract for the facility works among the new construction works of this case to the victim S., and the judgment of the court below convicting this part of the charges

B. The punishment of the lower judgment (public prosecutor and the Defendant) on the grounds that the punishment of an unreasonable sentencing (one year and six months of imprisonment) is too minor or unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the evidence duly adopted and examined by the court below as to the facts of the first crime in the judgment, and the witness X, witness X, and Y's legal statements, H, as a contractor of the new construction of this case, entered into a contract for the construction of the new construction of this case with K General Construction and the new construction of this case, around November 18, 2008, as a contractor of the new construction of this case, H, and the selection of a subcontractor shall be H in advance and shall consult with K General Construction, and the selection of a subcontractor without consultation shall have no effect on K General Construction, and the defendant subcontracted the new construction of this case to M for the new construction of this case without consultation with K General Construction, and the defendant raised an objection to the progress of M on the ground that K General Construction had no prior consultation, and as a result, M could not continue to perform the construction.