A. On July 29, 2013 between E and D, the Defendant merely stated that the victims did not produce “unusedd materials sales contract” and that “E is in progress to register as a collaborative company.”

In addition, the J, one month after the date of the conclusion of the contract for the supply of the instant scrap and non-performance, arguing that it was not in compliance with the contract and fails to comply with the contract, thereby delaying the payment to the victims, and it does not have any intent or ability to pay KRW 50 million from the beginning to the point of view.

However, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment and two years of suspended execution, community service, and eight hours of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below asserted that the defendant only talked about the facts to the victims, and that there was no deception, and that the court below concluded a contract to sell unused materials (equipment) between E and D that were forged to the victims, and that the defendant entered into a contract to supply the instant high- and non-ferrous metals with the victims. ② At the time of the instant case, the contact with D was entered into two years, and the Co., Ltd. (hereinafter “B”) was refused to accept the registration of the collaborative company and attempted to register the collaborative company as K Co., Ltd., within one month, and there was no possibility of receiving the scrap and non-ferrous metals from E. ③ Nevertheless, the delivery began on January 30, 2018 and the return of advance payment KRW 50 million was made by the victims on January 17, 2018 and the receipt of the supply contract from the victims. < Amended by Act No. 15075, Feb. 5, 2018>