A. (1) Fact-misunderstanding (1) No. 1 of the facts charged: The Defendant was unable to purchase the automatic salt immediately in light of the seller’s circumstances after borrowing money from the damaged person; and thereafter, the Defendant purchased the automatic sun-dried salt from the damaged person and sold it to the new establishment of the automatic sun-dried factory. As such, the Defendant was guilty of deceiving or deceiving the victim.

shall not be deemed to exist.

(2) No. 2 of the facts charged: The victim's name of the money lent to the defendant is not only to purchase the automatic sun-dried, but also to use various auxiliary equipment, construction, and factory lease deposit, etc., and the defendant actually invested expenses of 200 million won or more in connection with the installation of the automatic sun-dried season, so there is no intention to commit the crime of

(3) Paragraph (3) of the facts charged: The defendant used part of the work advance funds received from the injured party for sampling work, personnel expenses, material purchase expenses, etc. necessary for the operation of automatic sun-dried salting, and if the defendant is not detained, he/she could repay the funds received from the injured party. Therefore, the defendant has no intention to commit fraud.

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

2. Determination

A. As to the assertion of mistake of facts (1) as to the facts charged No. 1 of the facts charged, the lower court: (a) the Defendant talked with the victim as stated in this part of the facts charged, and borrowed KRW 150 million to purchase automatic sun-dried salt; (b) the purchase cost of the automatic sun-dried salt was made by the Defendant’s side; and (c) the Defendant at the time did not confirm whether the automatic sun-dried salt can be immediately purchased it to the victim; and (b) the Defendant did not confirm that the automatic sun-dried salt is impossible to purchase it within a prompt time, and without notifying the victim thereof, and without notifying the victim thereof.