The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The defendant shall obtain money from JK 2,346.

1. Summary of grounds for appeal;

A. As to the intent of defraudation by the Defendant (misunderstanding of facts and misunderstanding of sentencing) 1, the case where a seller is unable to deliver a product to a buyer as the manufacturer of the so-called “satist” product’s characteristics are supplied in short of the original ordered quantity due to various circumstances.

A. In the event that a seller pays the price or exchanges the price with another product at this time, however, in the absence of a separate request from a customer, he/she may deliver a product by waiting for a considerable period until the relevant product is secured. Therefore, the Defendant, solely on the ground that the delivery or refund was not made upon receipt of an order, acquired the price by fraud or commenced fraud.

It cannot be seen: (2) the Defendant delivered approximately 8,70 items from January 19, 2013 to January 19, 2016, and reached 73% of the total number of orders; (3) the Defendant was unable to inevitably deliver items due to the shock, the producer’s cancellation of production, or the malicious threat of some members at the time of the absence of long-term products; (4) the Defendant returned total of KRW 865,082,194 by endeavoring to refund the victims the price by the time immediately before the Defendant is detained; and (4) the Defendant’s deposit account balance remains more than KRW 20 million at the beginning of 2013, but not less than KRW 170,000 on August 2013, 2013; and (5) the Defendant’s financial situation was inferior at the time.

It cannot be seen, 5. The time when delivery was commenced at the court of the original trial, 5. The time when the delivery was commenced from June to December 2014.

In light of the stated facts, there was a criminal intent to obtain the money from the Defendant, who had been erroneous in the operation of shopping mall, or who had attempted to obtain the money from the Defendant.

shall not be deemed to exist.

Even if the defendant had the intention to commit the crime of defraudation

Even if recognized, delivery was made normally in 2014.