A defendant shall be punished by imprisonment for not less than eight months.

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

(F) Determination; 2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can be recognized the fact that the defendant deceivings the victim without the intent or ability to pay the price of goods as stated in the facts charged and obtained a supply of parts equivalent to the sum of KRW 82,820,034 from the victim and obtained such fraud. Thus, the defendant's assertion

B. Although the amount of acquiring the judgment on the assertion of unfair sentencing exceeds KRW 80 million, the defendant did not want punishment by mutual consent with the victim, the defendant's health condition is not good, and the defendant's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime of this case, and other circumstances that form the conditions of the sentencing of this case as stated in the records, such as the circumstances after the crime, are considered to be too unreasonable. Thus, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution;