1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In the event that the Defendant entered into a sales contract with the victim for the instant scrap metal and received KRW 1.2 billion, the Defendant had the intent and ability to take out and transfer the instant scrap metal to the victim within 15 days from the date of payment of the purchase price, as prescribed by the said sales contract, and thus, the Defendant did not intend to acquire the said purchase price.

Nevertheless, the court below accepted the facts charged in this case and found the defendant guilty. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts, the defendant argued the same facts as the reasons for appeal in this case, and the court below rejected the above argument in detail under the title "the judgment on the defendant and his defense counsel's assertion" in the reasons for the judgment. In light of the records and closely compared with the judgment of the court below, the judgment of the court below is just and it is not erroneous in the misconception of facts as pointed out by the defendant. There is no error in the misapprehension of facts as otherwise alleged by the defendant ( even if the statement of the witness N andO was based on each statement made by the court of the party court, it seems that the defendant did not have the intention or ability to transfer the article to the victim within 15 days from the date on which he received the purchase price

B. Although the amount obtained by the Defendant on the assertion of unfair sentencing is reasonable, the Defendant did not reach an agreement with the victim. However, the Defendant did not have any record of punishment for the same crime, and the Defendant purchased all the instant machinery and equipment from E in the status of insufficient funds.