A. The Defendant, as stated in the facts charged, did not deceiving the victim as such, and did not have any intent to commit fraud.

The Defendant merely ordered a film H's bus advertisement (hereinafter referred to as "the advertisement in this case") to the J, the former workplace, and did not deceive the victim company on the ground that it did not directly visit the representative director, F or employee G of the victim company in the Dispute Resolution E (hereinafter referred to as the "victim company") or concluded a contract.

The decision-making partnershipD (hereinafter referred to as the "defendant company") managed by the defendant had a considerable sales amount at the time, and had sufficient financial resources and intent to pay advertising fees.

However, the victim company did not pay the advertising agency fee to settle the damage because it did not observe the time of posting the advertisement.

On the other hand, the conciliation between the defendant company and the victim company was concluded, and the issue of paying advertising fees was resolved.

B. The sentence of the lower court (one hundred months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence as to the assertion of mistake of facts, the Defendant is sufficiently aware of the fact that the Defendant, at least, could not pay advertising fees to the victim company as stated in the facts charged, by deceiving the victim company and deceiving the pecuniary gain.

① The Defendant Company received the instant advertising affairs from the 200th century, Inc. (hereinafter “the 200th century”). The Victim Company is an outdoor advertising company.

J, the vice president of the victim I, the vice president of the victim company, asked the representative of the 200th century, who is the full-time workplace, to allow the victim company to conduct the advertisement of this case by proxy, and hear the statement that the defendant company received the advertisement of this case from the victim company.