The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the victim’s active proposal, the Defendant: (a) provided construction materials on credit to KRW 3-400 million; and (b) traded with the victim; and (c) paid the material price by each deadline specified in the facts charged in the instant case.

There is no promise.

In addition, although the defendant tried to pay the price of the material to the victim, it is impossible to pay the price of the material to the victim due to financial difficulties due to failure to recover the claim for the attempted construction cost, so it is not received from the victim with the intent to acquire the material by fraud.

Nevertheless, the court below erred by misunderstanding the facts, thereby recognizing the criminal intent of deception and fraud by the defendant.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of one year and three months, which the court below decided against the defendant, is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the intent of both the Defendant’s deception and deception is recognized.

Therefore, the defendant's assertion of facts is without merit.

1) The victim consistently stated that, if an investigative agency supplies building materials to the Defendant from the victim to the court below, the victim began to trade with the Defendant on the condition that he issues a tax invoice as of the end of the current month and pays for the goods by the end of the following month, and each time the Defendant makes a payment delayed, the Defendant promised to pay the goods by each deadline specified in the facts charged in the instant case, and requests the Defendant to continue to supply the construction materials, thereby continuously supplying the construction materials.

At the time of commencing transactions with the victim, the Defendant received construction materials on credit from 3 to 400 million won.

One of the arguments, the defendant and the injured party, as shown in the record.