The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. When the Defendant received steel raw materials from the victim E or leases punch capital from the victim's filial capital company (hereinafter "punch capital"), the Defendant entered into a supply contract with several companies, such as entering into a supply contract with the Defense Acquisition Program Administration and the Air Force, and further leases the punch frame for delivery. Therefore, the Defendant had the intent and ability to pay raw materials price and lease fees.

However, when same-sexki Co., Ltd. (hereinafter “same-sexki”) had not paid advance payment, the Defendant aggravated its own financial situation, and thus, the Defendant was unable to pay the price of goods or failed to pay the rent for lease properly, and there was no intention to defraud the victims by deceiving them.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. The criminal intent of defraudation, which is a subjective constituent element of a crime of fraud, of the relevant legal doctrine as to the assertion of mistake of facts, shall 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 transaction before and after the crime, insofar as the defendant does not make a confession. Since the crime is also established by dolusor intention, it is also established by dolusor intention. The subjective element of the constituent element of the crime refers to the case where dolusor intention is accepted by expressing that the possibility of occurrence of the crime is uncertain, and it is not only the awareness of the possibility of occurrence of the crime but also the intention to consider the risk of occurrence of the crime to allow the risk of the crime, and whether the perpetrator has accepted the possibility of occurrence of the crime