All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. As to the fraud of the victim E of mistake of mistake, the Defendant did not intend to deceive the victim and acquire the proceeds of scrap metal.

Nevertheless, the judgment of the court of first instance which found guilty of this part of the facts charged is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment (the first instance judgment: imprisonment with prison labor for 8 months and the second instance judgment: the fine of 700,000 won) imposed by each judgment of the lower court on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second court rendered a judgment after examining the grounds for appeal by the defendant, and the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings of the above two appeals. Each of the crimes in the judgment of the court below in the first and second instances in relation to concurrent offenses under the former part of Article 37 of the Criminal Act, should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be reversed in its entirety.

However, even if each judgment of the court below has such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.

3. The following circumstances acknowledged by the first instance court’s determination on the Defendant’s assertion of mistake of facts were duly adopted and examined by the evidence. In other words, the Defendant became aware that G had already been unable to normally perform the sales contract for the scrap metal that was concluded with the Defendant and H prior to the resale of the instant scrap metal to the victim E; ② Nevertheless, the Defendant was aware of the Defendant’s intent to purchase the instant scrap metal, without notifying the Defendant of the aforementioned circumstances, at the site of one to two weeks from the sales contract.