A. The judgment of the court below which found the defendant guilty of the facts charged is erroneous in misunderstanding of facts, although the defendant had an intent to import overseas famous brand products as agreed with the victim and had no intent to deceive the victim by deceiving the victim.

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

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, such as the victim F’s statement at the court below, the victim F’s statement at the court below, the G’s statement at the court below’s court below, the part of H’s statement at the prosecutor’s office and investigation agency, the Defendant’s part of the prosecutor’s statement at the prosecutor’s office, and the details of passbook transaction, etc., the fact that the Defendant received KRW 300 million from the price to deliver it to the victim even though he/she did

Therefore, the defendant's assertion of mistake is without merit.

(1) Around October 19, 2012, the Defendant and the victim, who are operators of D Co., Ltd. (hereinafter “D”) that engage in the inland trade business, etc. around October 19, 2012, imported and deliver to the victims of the Luxembourg products with a business agreement that mainly provides that the victims shall advance payment of KRW 300 million to the Defendant for the supply price. The victims, accordingly, remitted to the Defendant KRW 220 million on November 30, 2012; KRW 50 million on April 5, 2012; KRW 10 million on December 31, 2013; and KRW 20 million on February 1, 2013, respectively.

However, the Defendant, on November 30, 2012, remitted KRW 51.3 million to I on the day on which he received remittance of KRW 220 million on November 30, 2012, KRW 60 million to J, KRW 56 million to K, KRW 13,162,500 in total to L, and KRW 23.3 million in total to M, and remitted KRW 35 million on the day on which he received remittance of KRW 50 million to M.