A. The Defendant: (a) misunderstanding of facts between J and J, and the J agreed to take charge of mechanical manufacturing operations; (b) the Defendant entered into a partnership agreement with the content that the Defendant would receive 10 to 15% of the earnings from J.

Accordingly, J ordered the victim to make a steel plate for the manufacture of the machinery, and around that time, J paid the price of the steel plate to the victim by paying the above money in spite of the receipt of the price of the machinery in the amount of KRW 30 million from K.

Therefore, the defendant did not deceiving the victim and did not have the intention to commit the crime of defraudation.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the court of the court below as to the assertion of mistake of facts, i.e., (i) the FF employee G in the operation of the victim made a statement at the investigative agency that he was ordered to make a steel plate from the Defendant, not the J, in the investigation agency and the court of first instance; (ii) the Defendant led to the confession of all the facts charged in this case at the investigative agency and the court of first instance; and (iii) the Defendant alleged that the Defendant was a J in accordance with the business partnership agreement with the J but it is difficult to recognize that there was a business partnership agreement with the Defendant, as alleged by the Defendant, the Defendant can be fully convicted of

B. Although the Defendant’s decision on the assertion of unfair sentencing does not receive a steel plate from the victim with the intention of not paying the price from the beginning, the amount of damage is not so significant, and the Defendant has no capacity to impose a fine or heavier punishment, it is recognized that the Defendant agreed with the victim in the first instance trial, but the Defendant applied for a severe punishment due to the failure to recover actual damage, and that the victim wants to do so.