A defendant shall be punished by imprisonment for six months.

A. The fact that the defendant was supplied with the phrases from the victim, but it was not supplied with the intention of defraudation at the time.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the allegation of mistake of facts as follows. ① The Defendant was in a state of operating funds in such a way as to prevent the intermediate merchant from using the goods supplied by the business partner at a low price, such as the payment of the goods in the amount of KRW 270 million due to the default of the business partner on August 2012, and thereafter, became liable for several loans to financial institutions, etc. (The Defendant stated at the prosecutor’s office that “the facts were that at the time of the default of the P company on August 2012, the P company had to do so at a low price.” ② At the time of the instant case, the Defendant stated that “the head office did not have the intention to assist in the settlement of the goods supplied by the business partner at the low price,” and that “the Defendant would have received goods from the victim at a lower price than the cash price,” and that the goods supplied by the Defendant was supplied to the Defendant at a lower price than the cash price.”