The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding the fact) is that the Defendant had no intention and ability to pay the transport cost at the time of requesting the carriage of the goods to the victim, thereby deceiving the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The lower court found the following facts based on the evidence duly admitted and investigated by the lower court, namely, ① the Defendant requested freight transport services equivalent to KRW 1,480,000 to the victim on or around June 30, 2014 and July 30, 2014 when the Defendant suffered managerial difficulties, such as failure to pay workers’ wages, etc., but failed to pay the service cost and actually suspended business after around September of the same year, which was about two months thereafter; ② the victim was transferred from the Defendant who was not paid the service cost; ② the Defendant’s claim against K was transferred from the Defendant; ③ the Defendant’s claim against the Defendant, which was not paid the service cost; ③ the Defendant did not have property value because of the lack of financial ability of K Co., Ltd.; and ③ the Defendant failed to specify a detailed plan for the preparation of the above service cost; thus, the Defendant requested the victim to provide effective funds without having to pay the service payment.

It is reasonable to view it.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.