The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. In fact, the defendant, as stated in the facts charged in this case, did not receive the payment from the victims and did not pay the payment. However, some of the defendant purchased the Go-mash, etc. from the victims and sold them directly to another person, and the defendant did not receive the payment from the victims due to the fact that he did not receive the payment of the Go-mash's net purchase price, which was sold to another person, and even though he did not have a criminal intent to acquire by deception at the time of this case, the judgment of the court below convicting the defendant of the facts charged in this case, which affected the conclusion of the judgment by mistake of facts.

B. The lower court’s sentence (6 months of imprisonment) against an unjust defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The intent of the crime of defraudation, which is a subjective element of fraud, has to be determined by comprehensively taking into account the objective circumstances, such as the Defendant’s financial history, environment, details of the crime, and the process of performing transactions before and after the crime, unless the Defendant is led to the crime (see Supreme Court Decision 2008Do11718, Apr. 9, 200, etc.). B. The following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the trial court and the trial court, namely, ① the victim D received a proposal from the investigative agency to the effect that “I purchase Go-gu net credit from 500 won to 1,00 won” from the Defendant and did not sell Go-gu net credit from the Defendant, but did not pay the amount thereafter (see Supreme Court Decision 2008Do11718, Apr. 9, 2009, etc.).