The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Since the Defendant was in a continuous business relationship with the victim, fraud is not established.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court can sufficiently recognize that the Defendant had been supplied with ELP gas amounting to KRW 3,294,380 by deceiving the victim, and the Defendant’s intentional act can also be recognized.

The judgment of the court below which convicted the Defendant of the facts charged of this case is just, and there is no error of mistake of facts as alleged by the Defendant.

① The Defendant was supplied with ELP gas from the victim seven times from June 16, 2013 to February 6, 2014. However, the Defendant was not supplied with ELP gas from the victim until November 14, 2014 in which the instant case occurred.

② On November 13, 2014, when the Defendant did not pay the existing gas price, the victim provided a security to supply the gas to the Defendant. On the same day, the Defendant transferred KRW 30 million to the victim a claim for the refund of the lease deposit with respect to the factory he/she operates.

However, the above factory lease agreement is a rent of KRW 1.5 million per month without a security deposit. Ismadododo, the lease agreement was already terminated because the defendant was in arrears, and the defendant's delivery of the deposit to the victim was forged.

③ The victim stated that “If he knows that there was no deposit received as security, the last LP gas would not have been supplied,” the victim stated that “the last LP gas would not be supplied.”

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.