The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Fact-misunderstanding and legal principles: (a) the Defendant manufactured CNC equipment using sfin supplied separately from E before receiving the order of horizontal CNC machinery parts from E operated by the victim D; (b) supplied them to the mailing company (hereinafter “mail”); and (c) attempted to operate F using the supply price; (d) had intent and ability to manufacture horizontal CNC machinery parts at the time of receiving the supply price upon receiving the order of the horizontal CNC machinery parts from E; (e) subsequently, the sfin itself provided by E was unable to receive the supply price from mailing due to any defect that occurred; (c) making it impossible to manufacture the horizontal CNC machinery parts ordered by E; and (d) not return the pre-paid supply price; and (e) there was no intent to receive the price from the damaged party.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. In other words, the following circumstances acknowledged by the lower court and the first instance court’s duly admitted and investigated the part on the assertion of facts and legal principles, namely, ① the Defendant paid KRW 500 million to the police officer’s large-scale investigation and prosecutor’s investigation, “CNC machinery or parts thereof (hereinafter “CNC machinery”) with the Defendant’s liabilities of KRW 2.5 billion, and even if the Defendant received payments from E operated by the victim, he would have been paid KRW 29.7 million to E, and the Defendant paid KRW 29.7 million to CNC machinery parts without using them in manufacturing the CNC machinery parts, and CNC machinery parts.

E is the fact that the source of down payment received from CNC was the price for the CNC machinery parts paid to F.

“The statement to the effect that it is “.......”