The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In accordance with the contract for the sale and purchase of the instant machinery, the Defendant had attempted to carry out the contract by shipping machinery to the victim, but the above contract was effectively cancelled due to unexpected straw problems. Since then economic circumstances make it difficult to do so, the Defendant could not immediately return the money to the victim, and even if he did not have the intent or ability to reduce the money to the victim by shipping the instant machinery removal from the victim, the lower court which found the Defendant guilty of the Defendant guilty by misunderstanding the facts and thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (four months of imprisonment) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. On May 27, 2010, the summary of the facts charged, the Defendant: (a) released the machinery that was awarded at the D-2 factory in Ulsan-gu, Ulsan-do; and (b) obtained money from the victim; and (c) obtained money from the victim, the Defendant acquired money from the victim by transfer KRW 30 million to the Defendant’s post office account (F) on the same day, even if the Defendant did not have the intent or ability to sell the machinery that was awarded at D, thereby selling the machinery that was awarded at D-2 if the Defendant had no intent or capacity to sell it to the victim E; and (d) by means of fraud, the Defendant acquired money from the victim to the Defendant’s post account (F) on the same day.

B. The following facts are acknowledged based on the evidence duly adopted and examined by the court below and the court below. In other words, the Defendant: (i) around May 15, 2010, at the D No. 2 factory located in Ulsan-gu, Ulsan-gu, Seoul-do (=57 tons) 74 tons in total (i.e., 57 tons) and 54 tons in total; (ii) “the machinery removal” refers to “the machinery removal.

A successful bid in approximately KRW 32 million was awarded to G and the market was identified to G, and ② G demanded H, a scrap metal business operator, to sell the instant mechanical removal, and H introduced the victim to G as the buyer.