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.

A. Until February 2010, a company had made a normal settlement of bills issued by the company until February 2, 2010. D (hereinafter “D”) supplied oral messages to Marina and Bain, and had the intent or ability to pay the amount of bills at the time when the investor would make an investment of KRW 1 billion.

B. In light of the fact that the lower court deposited KRW 14 million in the original judgment, KRW 7 million in the trial of the party, and the Defendant suffering from an old illness, etc., the sentence of the lower judgment (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the lower court can find the following facts: (a) the Defendant was unable to concentrate on the management of the company on the grounds that he was under operation of the lung cancer and the heart disease; (b) the Defendant invested a large amount of investment in the development of a new sprinkler; (c) but there was a serious financial shortage, such as capital erosion from around 2009; and (b) the Defendant paid the bills in cash from another company when the Defendant entered the company; (c) the Defendant paid the bills in cash; and (d) the Defendant continued to pay the bills in cash if the cash falls short of cash; and (e) the office was closed and locked due to the occurrence of a default on payment on July 2010.

Comprehensively taking account of the above recognized facts and the circumstances where it is difficult to confirm the substance of a large amount of investment plan claimed by the defendant, the defendant did not have the intent or ability to accelerate the transaction relationship with the victim, and the defendant did not have the intent or ability to pay discounted bills.

Therefore, the defendant's assertion of mistake is without merit.

B. The Defendant’s act is highly likely to be subject to criticism in that the victim’s damage was not significant due to the instant case.

However, there is no criminal defendant who has recently been subject to criminal punishment, deposit 14 million won in the original court under the pretext of damage compensation, and deposit 7 million won in the original court.