A defendant shall be punished by imprisonment for two years.

A. The Defendant asserts that the Defendant is guilty of the fact that it is difficult to operate the company due to the aggravation of the game, etc., and it is inevitable to pay the price of the goods, not by deceiving the victim.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous.

B. The lower court’s sentence against the Defendant alleged unfair sentencing by the prosecutor (three years of suspended sentence in imprisonment with labor for a two-year period) is too uneasible and unfair.

2. Determination

A. The lower court also made the same assertion as the grounds for appeal, and the lower court rejected the Defendant’s assertion in detail, on the grounds that “the judgment against the Defendant” was stated in the item “the judgment against the Defendant.”

Examining the reasoning of the judgment below in comparison with records, the above judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

subsection (b) of this section.

The defendant's assertion of mistake is not accepted.

B. The circumstances, such as the fact that the Defendant paid the victim the amount of KRW 43,480,000 with strong textile, and that the Defendant had no record of punishment, are favorable to the Defendant.

However, the crime of this case is committed by the defendant, as if the defendant could properly pay the strong fiber price without the intention or ability to pay it, and the victim obtained the strong fiber supply amounting to 215,017,00 won in total from the damaged person in the market price, and acquired it by deception, thereby causing a large amount of damage, and the nature of the crime is very poor.

In the future, it is difficult to expect that the defendant will repay the remaining damage to the victim, and the victim suffered a second higher damage due to the crime of this case, such as default by the company, etc.

The defendant is suffering from severe punishment and wanting to be punished.

Nevertheless, there is a need to do so.