The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In the process of running a business in which the original group was supplied to Japan and supplied to Japan, the Defendant was supplied with the original group by C, but the Defendant’s business was also failed to pay due to the aggravation of the economic situation of Japan, and was not supplied with the original group from the beginning under the criminal intent of defraudation.

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

2. The summary of the facts charged is that the Defendant engaged in the raw materials export business of clothing and has been engaged in the trade of the raw materials of clothing with the victim C from August 201, 201.

In around 2012, the Defendant was under pressure due to a sudden decrease in the volume of transactions with Japan, and the accumulated debt amount is at least KRW 100 million, and thus, the Defendant supplied the original unit to Japan and received the original unit from the victim was used for the repayment of his/her personal debt, and there was no intention or ability to pay the original unit normally even if it was supplied by the victim.

Nevertheless, on January 9, 2012, the Defendant: (a) falsely called the victim in Dongdaemun-gu Seoul, Dongdaemun-gu D Building 710, “I would deliver the main unit of the D Building to the victim without the main mold; (b) was supplied by the victim with the KRW 513m of the “nex line” equivalent to KRW 4,660,227 at the market price from the victim; and (c) obtained the delivery of the original unit of KRW 48,260,523 at a total of six times from the time until June 8, 2012, as indicated in the list of crimes in the attached Table.

3. Comprehensively taking account of the following circumstances acknowledged by the record of judgment, it is difficult to readily conclude that the evidence alone submitted by the prosecutor had the criminal intent to acquire the original part of the facts charged at the time of receiving the delivery.

The Defendant purchased the original group from July 31, 2003 to the time of the instant case, and exports it to Japan normally.