The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal doctrine are cited as the grounds for appeal. The Defendant’s misapprehension of the legal doctrine is illegal to recognize fraud even if the Defendant did not recognize his/her intention to obtain deception, and the Defendant’s assertion of mistake of facts can be seen as a whole.

The facts are examined together in the items of mistake.

The defendant did not deliver the goods because the repair of the goods is delayed or the victims did not pay all the balance, and there was no intention to acquire the money from the victims.

B. The punishment of the lower court is too heavy.

2. Determination

A. Based on the following circumstances revealed through the evidence duly adopted and examined by the court below concerning the assertion of mistake of facts, the court below can fully recognize the fact that the defendant acquired money from the victims as stated in the facts charged.

1) The Defendant changed to the effect that it was not immediately delivered to the victims due to the relationship of sending the goods sold to the victim H and J to the head office of the United States or the United Kingdom, but there is no evidence supporting such assertion by the Defendant.

2) The Defendant, as to the goods sold to the Victim K and L, can not be transferred to the goods before the full payment of the goods is made. However, there is no evidence supporting such argument by the Defendant. Rather, according to the statement of K and L, even if the Defendant received the down payment, it can be acknowledged only that the Defendant demanded the increase of the purchase price without delivering the goods, and unilaterally refused the delivery of the goods, unlike the initial agreement.

B. In light of the reasons for sentencing as well as all other conditions of sentencing as stated in the record, it cannot be deemed that the lower court’s sentence is too unfair because the Defendant’s sentence is too excessive.

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