A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. misunderstanding of facts or misunderstanding of legal principles - The Defendant, who practically operated a fraud Co., Ltd., was entering into a contract to supply steel products from the victim Co., Ltd. (hereinafter “victim Co., Ltd.”) and continued the transaction. On April 201, the Defendant was unable to pay the price for the instant steel products to the victim Co., Ltd. on the wind that the financial standing of the Defendant aggravated in early 2012. However, the Defendant did not receive the instant steel products from the victim Co., Ltd. with no ability or intent to pay the price for the instant steel products at the time, and obtained them by deception.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below and the court below on the assertion of mistake of facts or misapprehension of legal principles revealed by the evidence duly adopted and investigated by the court below, i.e., ① the defendant's employee, etc., (i) made a statement to the effect that "on April 2011, when the defendant operated the company of this case, the sales have deteriorated since the management of the company of this case, and the defendant has considerably decreased, and (ii) the company's financial standing has aggravated since the end of 2011, and thereby, the defendant failed to pay part of the pre-existing steel product price to the victim. Nevertheless, if the defendant additionally supplied the victim with the steel product, it appears that the victim company would additionally supply the steel product of this case to the defendant, and (iii) the defendant paid part of the pre-existing steel product price to the defendant.