A. In light of the fact that the Defendant had sufficient means to pay each of the gift certificates of this case, and the victim G had difficulty in raising funds by unilaterally suspending the supply of gift certificates during continuous transaction with the victims, and there was no intent of deception to deception the victims. Therefore, the judgment of the court below convicting the victims of the charges of this case that the Defendant acquired gift certificates and gift certificates money from the victims, which affected the conclusion of the judgment, is erroneous.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances, such as the background of the instant case acknowledged by the lower court and the evidence duly admitted and investigated by the trial court, and the Defendant’s ability to repay, the fact that the Defendant deceivings the victims of the instant case to obtain the money for merchandise coupons or merchandise coupons, and the lower court did not seem to have erred by misapprehending the facts as pointed out by the Defendant and thereby adversely affecting the conclusion of the judgment.

1) From March 2009, the Defendant, from around 3, 2009, operated a company E, which operates merchandise coupon sales business, etc. from Busan Young-gu Dtel 308, and purchased merchandise coupons from merchandise coupon sales business operators or sold merchandise coupons to obtain interim profits from them. 2) The transaction details between the Defendant and the victims are as follows.

① The Defendant, from January 2009 to January 2, 2009, supplied gift certificates to the victim G and F, from February 2, 2012 to February 1, 2012 to KRW 100,000,000 to KRW 100,000,000, to the victims.