A defendant shall be punished by imprisonment for not more than ten months.

A. The victims of mistake of facts regarding the fraud knew that it is difficult for them to find out the financial circumstances of the defendant, and in particular, the victim K purchased the defendant's flight machine tag to participate in the work of the National Assembly of the Democratic Republic of Congo that the defendant had been proceeding at the time, so the defendant did not deceiving the victims and did not have the intent of defraudation.

B. The first instance court’s imprisonment (one year of imprisonment) is too unreasonable in light of the circumstances leading the Defendant to the instant case due to business difficulties.

2. Determination

A. In the event that a person borrows money or purchases goods by pretending to repay money as if he/she had no intent to repay or had no ability to repay within the due date, the criminal intent can be recognized (see, e.g., Supreme Court Decisions 83Do1048, Aug. 23, 1983; 86Do1227, Sept. 9, 1986). The following circumstances are acknowledged by the evidence duly adopted and investigated by the first instance court. In other words, the defendant was liable to pay a considerable amount of money to many creditors, such as delay of payment to the customer while operating the instant case, default of taxes, delayed payment of wages, etc.