A defendant shall be punished by imprisonment for six months.

A. In fact, the Defendant believed that, at the time of receiving KRW 40 million from the injured party, the amount to be returned to G was KRW 64 million, and that he/she could receive the sales commission by concluding a sales agency contract with E Co., Ltd. (hereinafter “E”), and thus, the Defendant did not have the intention to acquire the money by deception.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. In light of the following facts and circumstances, the lower court’s judgment as to the Defendant’s assertion of mistake of facts and the evidence duly adopted and examined by the first instance court and the lower court, the Defendant did not have any intent or ability to return the agreed amount of KRW 40 million paid by the injured party within two months.

It is reasonable to see that the defendant has the criminal intent to obtain fraud, and ultimately, it can be recognized that the defendant has the criminal intention to obtain fraud.

The judgment of the court below that found the defendant guilty of the facts charged of this case is just, and there is an error of law by misunderstanding facts as alleged by the defendant and affecting the judgment

subsection (b) of this section.

The defendant's assertion of facts is without merit.

① At the time of the instant crime, the Defendant, without any particular property, committed a debt owed to financial institutions, etc. with KRW 20 million to KRW 30 million, and the personal debt of KRW 60 million (Evidence No. 27 pages 1). ② On February 3, 2017, the Defendant concluded an agency contract for sale with E under the name of G (hereinafter “instant agency contract for sale”). On April 25, 2017, the Defendant extended the period for the agency contract with E to August 31, 2017 (hereinafter “C”) under which the Defendant was a party to the agency contract for sale with E (hereinafter “C”); and G extended the period for the agency contract for sale with E to July 6, 2017.