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. Although the defendant, as the representative director of C Co., Ltd. (hereinafter "the company of this case"), had been carrying out the project of ordering electrical construction and fire fighting equipment construction ordered by 8 U.S. forces in Korea (hereinafter "the project of this case"), he did not deceive the victim in collusion with D as stated in the judgment of the court below.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, in collusion with D with the victim under the status of having no intent or ability to receive electrical construction and fire-fighting facility works ordered by the U.S. 8 army in Korea, and acquired KRW 100 million by transfer from the victim under his/her trade name as a partner.

Therefore, the defendant's above assertion is without merit.

① On May 201, the Defendant acquired the instant company, which mainly provides advisory services, etc. to patrolmen, and had the auditor D use the position of the president to take charge of the business.

D The introduction of H led the victim to the instant project. However, the representative director, through H, sent to the victim a letter of understanding that the defendant, a company located in the U.S. and the company in the U.S., cooperates with the victim through facsimile to participate in the procurement project ordered by the U.S. government. On February 2012, 2012, the defendant himself has all the authority and responsibility for the instant project to the victim.