The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, when purchasing pipes from the injured party, agreed that the payment was made in the following month. At the time, the Defendant had a large amount of debt but had a claim to recover, and there was no intention to commit the crime of defraudation as the intent and ability to pay the price to the injured party.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 5 million) is too unreasonable.

2. Determination

A. As to the assertion of mistake of fact, the victim consistently in the investigative agency and the court of original instance that “the defendant would pay in cash immediately if he/she delivers pipes.”

“The victim made a statement to the effect that it was the first transaction with the Defendant at the time,” and the credibility is recognized when considering the fact that the victim was the first transaction with the Defendant.

In addition to the following circumstances acknowledged by the court below based on evidence duly adopted and examined by the victim's statement, i.e., (i) the defendant was liable for a total of KRW 460 million to the bank and its customers at the time, while the defendant was liable for a total of KRW 220 million to the defendant's claim, (ii) the defendant was paid a considerable amount of construction cost after receiving the pipe from the damaged party, despite having received the pipe from the victim's claim, and (iii) the defendant was primarily liable for the payment of KRW 125 million to the injured party at the time of the supply of the pipe, and was presumed to have received the pipe supply from the injured party at the time of receiving the pipe supply.