A. The Defendant is merely unable to pay the victim the cost of pregnancy because of the unexpected father’s funeral expenses, etc. due to the economic situation, but did not intend to acquire the victim by deception.

Nevertheless, the court below erred by misapprehending the facts charged.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted the same purport in the lower court. On this issue, the lower court held that ① the Defendant, at the time, was in excess of 30 million won and was in excess of the obligation without any particular active property; ② the Defendant was supplied by the original supplier from March 2, 2013 to January 2014; ② the Defendant did not pay the original amount corresponding to the present year even after receiving the original amount from the original supplier; ③ the Defendant paid the original amount to K without any intent and ability to pay the original amount, and the Defendant would pay the original amount to L.

In light of the fact that the defendant was sentenced to a suspended sentence and fine for the crime committed by deceiving and receiving each of the above money, and that the defendant was under trial at the appellate court of the above case even at the time of commencing the transaction with the victim, and that the defendant was not consistently arguing that he did not pay the cost for the processing of the defendant to the victim, the criminal intent of the fraud of the defendant is recognized.

Examining the evidence duly adopted and examined by the court below in light of the records, the judgment of the court below is just and acceptable, and thus, the defendant and the defense counsel's assertion of mistake is not accepted.

B. The instant crime of determining the illegality of sentencing was committed by deceiving the Defendant as if the Defendant were to pay the expenses for the processing of the pregnancy and without the ability to pay the expenses for the processing of the pregnancy and thereby taking up approximately KRW 16.88,00 from the damaged party’s pecuniary benefits.