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Defendant
The appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In misunderstanding of facts (1) At the time of entering into a contract with the victim H to receive the processed steel products (hereinafter “instant supply contract”), the Defendant thought that the Defendant could receive the construction cost from I by concluding a steel structure supply contract or any other construction contract with I and thus be able to pay the price for supply to the victim H by receiving the construction cost. The Defendant merely failed to pay the price for supply to the victim H due to the I’s unfair unit price reduction, reduction of construction cost, etc., and there was no intent to deceive the victim H.
(2) As to 2014 high-end712, the Defendant received 30 million won deposit for the scrap metal from the victim’sO and concluded a contract to supply the entire scrap metal produced by the Defendant’s operating company (hereinafter “instant scrap metal contract”), it is thought that the Defendant could supply the scrap metal to the victimO because the additional contract was planned with I, and the I unilaterally terminated the steel structure supply contract, and there was no intention to deceive the victimO merely because the high-speed railway produced by other construction did not supply the scrap metal to the victimO on the wind disposed of by others.
B. The sentence of unfair sentencing (one year and six months of imprisonment) by the court below is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. According to the evidence duly adopted and examined by the lower court with respect to 2014 high-ranking 251, the following circumstances can be acknowledged.
① Around May 2012, prior to the conclusion of a supply contract with the victim H, the Defendant received the supply of goods from the I and received the goods from the J in relation thereto. On July 2012, the Defendant did not pay to the J an amount equivalent to KRW 25 million for the supply of goods at low prices.
(2) The defendant is around July 2012.