A. The Defendant: (a) notified in advance the fact that it is difficult to supply scrap metal of 50 tons per month to the victim when the victim was granted the KRW 100 million to the Corporation; and (b) the Defendant was operated by the Defendant of the Republic of Korea.

D In light of the fact that the Plaintiff was entitled to sell scrap metal under a contract concluded between D Co., Ltd. (hereinafter referred to as “D”) and Sung Jin Jin Jinchiex (hereinafter referred to as “Seo Jinchiex”), and that the Plaintiff was finally capable of supplying 50 tons, which is the monthly supply volume to the victim, at the time of the Defendant’s deception or fraud.

Even though it is difficult to see it, the court below convicted the charged facts of this case, and the court below erred by mistake of facts.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of fact 1) Recognizing the fact that the Defendant was not able to supply the scrap metal of at least 50 tons per month according to the details of the instant agreement at the time of receiving KRW 100 million from the injured party due to the following circumstances, the lower court, on the grounds of the following circumstances, by deceiving the injured party as stated in the facts charged, and by receiving the said KRW

Based on the judgment of the court below, the charged facts of this case were convicted.

The D Co., Ltd. entered into a contract to cut, process, and supply chemical components using the raw materials steel plate provided by the Sungjin Tech from July 1, 2012 to June 30, 2013, between the Sungjin Tech around June 2012. Paragraph 5 of the contract at the time it was entered into, stating, “us shall keep separately for the scrap metal generated after cutting work using the raw materials supplied by us (Seojin Tech) to facilitate recovery of 10%.”

The Republic of Korea (hereinafter referred to as the “ND”) and Sung Jinteex, around June, 2013, around the time of the instant agreement, shall also terminate the said contract period.