The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant had no intention to commit the crime of defraudation because he had the intent and ability to pay the fraternity at the time of receiving the fraternity from the victim C.

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

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant argued the same purport as this part of the grounds for appeal, and the court below rejected the defendant's argument in detail in the judgment of "the defendant and his defense counsel's argument". The judgment of the court below is in comparison with evidence and evidence, and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant has maintained a life with the income related to the supply of sea water at the time, but he received seven-day guidances in advance with the prior knowledge that it would prevent the supply of sea water from being supplied from the point of spring in 201, and the defendant was unable to live due to the income related to sea water supply at the time of receiving the said 19-day guidances, and the defendant did not pay the remainder of the said 19-day guidances from the time of receiving the said 19-day guidances from the victim, the judgment of the court below is justified, and it is not erroneous in the misapprehension of legal principles.

B. The lower court’s determination on the assertion of unreasonable sentencing exceeds KRW 33 million, and the fact that the Defendant did not pay damages even after several years passed since the Defendant committed the crime is disadvantageous.

On the other hand, if the defendant is the first offender and is aged, and the payment amount paid after receiving the money from the victim C is deducted, the actual damage amount is less than the actual damage amount, and it has reached the judgment.