Part concerning the second offense in the judgment shall be reversed.

6 months of imprisonment with prison labor for the second offense against the defendant.

A. In fact, the Defendant supplied the victim with goods equivalent to KRW 60 million on the day when the Defendant was supplied with the instant goods by the victim.

The Defendant, at that time, was 30 million won of the outstanding amount that was not paid to the victim, and the Defendant had the right to receive 30 million won remaining after deducting the outstanding amount from the above 60 million won from the victim. Therefore, the Defendant is not 126,654,724 won but 96,654,724 won after deducting the above 30 million won.

Nevertheless, the court below recognized the fraud amount as 126,654,724 won, which is erroneous in misunderstanding of facts.

B. The sentence imposed by the court below (the first crime on the market: imprisonment with prison labor for one year and eight months, and the second crime: imprisonment with prison labor for ten months) is too unreasonable.

2. Determination

A. In light of the following circumstances, the lower court’s lawfully admitted and investigated evidence to find a mistake of fact: (a) prepared a letter of payment to the effect that the Defendant would pay the victim the price of KRW 151,539,313 to 30,000 on August 10, 2010 (Evidence 15 pages); (b) it is difficult to deem that the Defendant supplied the victim with the goods equivalent to KRW 60,000 (if the Defendant’s assertion was provided with the goods amounting to KRW 60,000,000,000,000,000 were deducted from the above amount of the Defendant’s existing obligation to the victim; and (c) again, it is natural to set up a letter of payment to the effect that the Defendant would pay KRW 36,654,724,000,000,000 for the goods amounting to KRW 36,654,724,000,000 for the victim.