The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. On February 2, 2012, New Young Press Co., Ltd., the original business entity that was involved in a mistake of facts with the Defendant, did not transfer accumulated deficit by a substantial decrease of the ordered amount exceeding 70% and did not pay the price for the goods to the victim. It did not receive goods from the victim with the intention of deceiving the Defendant from the beginning.

B. The sentence imposed by the lower court (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the contents that “victim E” among the facts charged in the instant case “victim E” was changed to “the primary chemical of the victim corporation,” and this court permitted this, thereby changing the subject of the trial, so the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts against the judgment of the court is still subject to the judgment of this court within the scope of the modified facts charged, and this is examined.

B. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, who was unable to operate an enterprise under his/her name due to the bankruptcy of an enterprise operated around 1998, was registered under his/her name as the wife around February 1, 2005 and started his/her business. The Defendant ordered only a small amount of goods with an amount of less than one million won from the victim from July 201 to November 201 of the same year. However, from around December 2011 to around March 2011, the Defendant, who started transactions, ordered the victim’s primary chemical and the victim’s primary chemical and the small amount of goods with an order from around 1, 200,000 won to March 2012. At the time, the exclusive revenue source at the time of the Defendant had supplied the goods amount of KRW 200,000,0000,0000,000,000.