A. Although there was no intention to commit a crime by mistake of facts against the defendant, the court below convicted the defendant by admitting the fact mistakenly.

B. The sentence imposed by the court below on the defendant (the fine of 4,000,000 won) is too unreasonable.

2. Determination

A. The intent of the crime of defraudation, which is a subjective constituent element of the crime of fraud to determine the mistake of facts, should be determined by comprehensively taking into account the objective circumstances such as the Defendant’s financial history before and after the crime, the environment, the content of the crime, the process of transaction execution, etc. insofar as the Defendant does not make a confession. The intent of the crime is not a conclusive intention

(2) Around August 21, 2008, the lower court stated to the effect that “The victim provided a paint from February 201 to Oct. 27, 201, the Defendant supplied approximately KRW 16.77 million to the victim from May 3, 201 to July 22, 201,” (see, e.g., Supreme Court Decision 2007Do8726, Aug. 21, 2008). In other words, the victim did not submit a business registration order from Oct. 27, 2010 to Oct. 27, 201; and (b) the Defendant did not pay more than KRW 100,000,000 from Feb. 1, 201 to Oct. 10, 201; and (c) the Defendant did not pay more than 100,000,000,000 from the victim’s sales fee to Oct. 10, 2011.