A. misunderstanding of facts and misapprehension of the legal principles, the Defendant did not deceiving or defraud the victim, and did not intend to commit a crime.

Although a letter of credit has been issued, it is nothing more than a civil issue with the victim as it continues to demand revision of the letter of credit by the supplier, which is delayed and increased in expenses, and thus the contract has been revoked. Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the guilty of the facts charged in this case.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

Judgment

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court’s misapprehension of the legal doctrine and the evidence duly adopted and investigated by the appellate court, the Defendant’s deception and defraudation of KRW 18 million is recognized. Therefore, the Defendant’s mistake of facts or misapprehension of the legal doctrine cannot be accepted.

1) On November 201, 2013, the victim consistently from the Defendant to the investigation agency to the lower court’s trial, and then, from the Defendant, “one company imports petroleum and sells it to domestic distributors.” Finally, the cost of issuing the letter of credit is flick.

In order to make an investment of KRW 18 million, the profit may be paid immediately, and the principal shall be paid immediately in the next week.

On December 2, 2013, when importing 20,00 tons of petroleum in one month, the victim may make a profit by not more than 40,000 tons per ton, and he/she would make a profit by not more than 500,000 won per ton for one year, and he/she wired 18,000 won to the bank account in the name of the F bank on December 2, 2013.

The statement was made (No. 138, 139 of the trial record, No. 24 of the evidence record). The guarantee certificate (Evidence No. 13 of the evidence record) prepared by the defendant complies with the victim's statement, and the victim's statement is credibility.

2) According to the letter of guarantee, where the Defendant issues L/C, the Defendant does not issue L/C until December 6, 2013.