A defendant shall be punished by imprisonment for four months.

A. The Defendant (De facto misunderstanding) was engaged in trading used goods normally at the time of the occurrence of the instant case. However, even if the Defendant received money from the Victim F for the goods from the Defendant, due to unavoidable circumstances, he did not immediately forward the money to the Victim F, and did not have a criminal intent to obtain money from the Victim F from the beginning.

Nevertheless, the victim F did not confirm the detailed circumstances and reported the defendant as a criminal suspect on the charge of fraud.

On the other hand, although the defendant sent No.S. to the victim E, it was destroyed by the negligence of the selective ship company and returned No.S. to the victim E.

The judgment of the court below which found the defendant guilty of all the facts charged of this case on a different premise, even though the defendant did not have a criminal intent to defraud the victims, is erroneous in the misunderstanding of facts.

The appellate brief dated April 22, 2020, which was submitted by the defendant within the due deadline for submission of the appellate brief, contains only the content that points out the problems in the investigation procedure, and does not clearly state the denial of the criminal intent by fraud, on the grounds that the defendant received unfair treatment in the course of an investigation by the police. However, for the benefit of the defendant, the defendant's defense counsel appointed the contents in the appellate brief as of July 8, 2020, which were submitted after the deadline for submission of the legitimate appellate brief, to supplement the defendant's appellate brief, thereby arranging the grounds for appeal.

On the other hand, the defendant's defense counsel added the argument of unfair sentencing in addition to misconception of facts through the statement of grounds of appeal dated July 8, 2020 as grounds of appeal. However, it is difficult to regard it as legitimate grounds of appeal as a new argument after the deadline for submitting the statement of grounds of appeal. The defendant also made the grounds of appeal on the date of the first trial.