The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

A. Fact-finding or misunderstanding of legal principles that the defendant has received materials from the victims or failed to pay the price. However, since the defendant did not have the intent and ability to pay the price, and all the materials received are input into the planned construction, there was no intention to commit the crime of defraudation by the defendant.

B. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant established and operated the E Co., Ltd. around 1993, and the Defendant defaulted on January 2012.

1. Around 20.20. Around July 2010, the Defendant filed an application for the closure of business with the prosecutor’s office: (a) “The financial condition of the company was aggravated due to the failure to pay the construction cost of KRW 1.0 billion due to the default between F and G following the IMF; (b) obtained a loan from an individual real estate and wife as security; and (c) paid interest on the loan; (d) since 2010, the company did not receive any additional loan due to the lack of the construction owner’s own and the property to be provided as security; and (d) the company’s financial status aggravated; (e) around 1.2 billion won; (e) the personal debt was also KRW 1.0 billion; and (e) the Defendant did not pay the total amount of KRW 20 million to the victims’ obligation and the interest on the bonds; and (e) the Defendant did not receive a fine of KRW 30 million from around 4, 2010 to KRW 300,000.3.