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

A. In relation to the fraud against the victim C by mistake of fact, the Defendant had the intent and ability to pay the price at the time of receiving the return of the uniforms from the victim C. However, it was impossible to pay the price for the failure to obtain the loan in the fisheries cooperation and due to the fact that there were many defects in the return of the uniforms supplied by the victim, and there was no intention to commit fraud.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Comprehensively taking account of the following facts and circumstances admitted by the lower court based on the evidence duly admitted and examined by the lower court regarding the assertion of misunderstanding of facts, the Defendant may be recognized to have received supply of 100 million won from the injured party, even though he/she did not have the intent or ability to pay KRW 100 million to the injured party by June 30, 2015. Therefore, the Defendant’s assertion of misunderstanding of facts is rejected.

① On December 9, 2014, the Defendant entered into a sales contract with the victim to pay KRW 100,000,000 to the Defendant for the deposit money by June 30, 2015, and prepared a certificate of marry as compulsory execution regarding KRW 100,000,000,000,000 to the Defendant. Accordingly, the victim supplied the Defendant with the deposit money by December 9, 2014.

② At the time of the supply of the above plaque, the Defendant was not able to pay KRW 67,50,000,000,000,000, which was supplied by the injured party on December 3, 2013 (the Defendant filed a complaint against the injured party on January 9, 2015, and paid KRW 67,50,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).