A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

A. The defendant did not deceiving victims and did not have the intent to commit fraud.

Nevertheless, the judgment of the court below which convicted all the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. Even if the facts charged in the instant case are found guilty, in light of the background of the instant case, etc., the sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. Of the facts charged in the instant case, with respect to the fraud of the victim E, the prosecutor filed an application for changes in the indictment with respect to the facts charged as stated in the following facts charged at the trial of the court, and the subject of the judgment was changed by this court, and the judgment of the court below was no longer maintained.

This part of the facts charged is still subject to the judgment of this court, despite the existence of the above reasons for ex officio reversal.

However, there is no fact that the defendant deceptions the victim for the same reason as stated in the "Determination on the argument of the defendant and the defense counsel" as stated below.

Since it is difficult to see that there was no criminal intent to acquire by fraud or to commit a crime, the above mistake of facts by the defendant is without merit.

B. On July 31, 2011, from January 31, 201 to January 31, 2012, the Defendant appears to have made the victim H, who is a transportation business entity of LPG gas, to pay a normal gas transport cost. The Defendant requested the victim to transport LPG gas.

However, the defendant did not have the intention or ability to pay the transport cost even if he requested the carriage to the victim on the grounds as stated in the following criminal facts.

The defendant is equivalent to the transportation cost of KRW 70,368,925 for the above period.