The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant and his defense counsel

A. Fact-finding, although the Defendant was supplied with 800 tons from the victim C's main trial company (hereinafter "victim Co., Ltd."), the Defendant did not purchase pellets from the victim Co., Ltd., but sold pellets by proxy, and the Defendant attempted to sell and sell pelpellets after being supplied with the above pelpellets, but the sales of pelpellets delayed due to the damage of the product, the defect in the pelpelpelpel itself, etc. due to the storm, and the sales of pelpelpelpellets was made at the spelpel value, but the sales price was not paid to the victim Co., Ltd. but was not paid to the victim Co., Ltd., and there was no intent to commit fraud.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court, which sentenced to 1 year and 6 months of imprisonment or 4 months of imprisonment, is too unreasonable.

2. Determination

A. The Defendant, as alleged in the grounds of appeal, did not purchase pelpellets from the victim company, but conducted sales by proxy, and did not intend to commit the crime of defraudation.

주장하였고, 원심은 ① 피고인과 피해자 회사 사이에 체결된 ‘ 펠렛 및 알 톱밥 외 기타 판매 계약서( 이하 ’ 이 사건 계약서‘ 라 한다) ’에 의하면 피해자 회사는 광 양항 창고에 보관 중인 우드 펠릿 1,024 톤을 1 톤당 187,500원( 부가 세 별도 )에 국내 지정 장소에 도착 기준으로 판매를 하고( 도착지 : 하남시 L), 결재는 전 제품이 도착 후 즉시 현금 결재를 진행한다고 약정하였는바, 위 처분 문서인 이 사건 계약서에 따라 피해자 회사는 우드 펠릿 1 톤당 단가를 187,500원( 부가 세 별도 )에 피고인에게...