1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. Of the facts charged in the instant case, the victim U and V.

1. Summary of grounds for appeal;

A. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim of mistake of facts against the U and V is the sole crime of W, or W Z orY, and the defendant has not conspired with W or participated in the above crime.

B. Even if the facts charged in the instant case are found guilty, the lower court’s imprisonment (five years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Around January 201, the Defendant and W of the facts charged regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim U and V, did not receive money from others, in spite of the fact that D did not have any intent or ability to supply disused goods such as scrap metal and scrap metal supplied by the military unit under the Ministry of National Defense and the Korea Electric Power Corporation, the Defendant and W, to obtain money from them under the pretext of obtaining the exclusive right to supply them, such as scrap metal and scrap metal.

On January 24, 2011, the Defendant: (a) drafted a false business performance provisional contract with the effect that “D shall supply unused goods, such as scrap metal and rain metal, generated in the military unit affiliated with the Ministry of National Defense and the Korea Electric Power Corporation (if no objection is raised, it shall be renewed every one year) from March 2, 2011 to March 1, 2012, to X (hereinafter “X”) in which W is the representative director; and (b) W was introduced with the victim U and V through Y and Z using the provisional contract.

W, on February 22, 2011, at the coffee shop in Yeongdeungpo-gu Seoul Metropolitan Government, show the victims the provisional contract and secured the right to supply the scrap metal coming from the Gyeonggi-do and the Han-gu branch of the Incheon Metropolitan City, which was promoted by X, and the supply right to the scrap metal coming from the Ministry of National Defense.

The annual amount of supply is 30,00 tons from 30 tons to 50,000 tons per kg purchase is 3,000 won and 5,000 won.