The judgment below

Part 1 of the judgment is reversed.

The defendant shall be punished by imprisonment with prison labor for the crime No. 1 of the above judgment, and two years and six months.

1. Summary of grounds for appeal;

A. Defendant 1 was aware of the fact (the part of the judgment No. 1) (the Defendant supplied the Plaintiff with one R pumps car around January 10, 2014 and one V pumps car around April 2014 to P according to the victim G’s instructions, and there was no intention of defraudation with regard to the price of two f pumps.

Nevertheless, the judgment of the court below that recognized the intention to acquire the above law firm price of 2 pumps is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing (three years of imprisonment with prison labor for the crime No. 1, and six months of imprisonment with prison labor for the crime No. 2, as indicated in its holding) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of this part of the facts charged is a person who actually operated D (hereinafter “D”) that is a motor vehicle and equipment exporter.

The Defendant, from November 201 to December 2013, 2013, from D offices located in the sixth floor of the F building in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, to the victim G, “if a purchaser was found to import a Korean vehicle from Russia to receive the purchase price of the vehicle in advance from the Russia and paid the purchase price of the vehicle, the Defendant would export the vehicle for export in the name of H operated by the Gu Newcom.

First of all, for the export of Lone Star Lone Star 34 vehicles for the export of Lone Star Ba, which is required by the Party, the importer of Lone Star 34 vehicles for export, and the purchase price for the vehicle is demanded. When full payment of the payment is made, all vehicles will be exported within 2-3 months.

After the completion of export, it was false to the purport that “The remaining profits are divided by half.”

However, in fact, since the company such as D and I, in which the defendant actually operated, continued to be in a state of deficit without any particular sales, the defendant, upon receiving the purchase price from the injured party, was thought to be used first for the repayment of the existing debt of the above company operated by the defendant, and the plaintiff for exportation.