A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. Regarding misunderstanding of facts and misunderstanding of legal principles as to the fraud against victim E, accepting the request of AE seeking the same part even though the defendant had failed to seek the parts upon the request of the victim for repair of the vehicle by the victim and delivering the expenses by the intention of fraud is obtained. Nevertheless, the judgment of the court below which acquitted the defendant of this part of the charges is erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The above sentence sentenced by the court below of unfair sentencing is too un

2. Determination

A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that, in light of the background leading up to the victim E’s remittance of money to the account of AE, the Defendant could not be deemed to have deceiving E through AD, and the statement of E on this point is merely a conjection, and the E requested AE to purchase parts, and the possibility that AE could not again request the Defendant to purchase parts and again request the Defendant to purchase parts could not be ruled out.

However, the circumstances revealed by the court below are as follows: (a) P’s circumstances revealed by the evidence duly adopted and investigated by the court below; (b) the victim E was in charge of the repair of the vehicle at the investigative agency and the court below’s court; (c) the victim E sent KRW 3 million to the account in the name of the importer of parts introduced by AD by requesting repair of the vehicle to AD after the Defendant was returned due to the failure to repair the vehicle; and (d) later, AE stated that the Defendant was unable to repair the vehicle due to the failure to repair the parts (Article 143 of the evidence record No. 2017Da1443), and (e) at the victim’s investigative agency and the court below’s court, the part importer at the victim’s request.