The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. Summary of grounds for appeal;

A. The Defendant had no intention to commit the crime of defraudation at the time of the instant case.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. (1) The judgment of the court below on the assertion of mistake of facts is sufficient to view the investment money from the victim as being induced despite the fact that the defendant had no intent and ability to deliver the waste cable by taking account of the following circumstances that can be recognized by evidence, and thus, the court below determined that the defendant was the criminal intent of defraudation of the victim.

① It is difficult to view that “D Co., Ltd.” operated by the Defendant had little sales performance from 2011 to ever, and it appears that there was no sufficient means to conclude a large-scale free contract equivalent to the amount of million won as claimed by the Defendant.

② The Defendant asserts through G that he would be supplied with waste cables from the Veterans Association, the wounded military competition association, etc., and that G would have paid KRW 350 million out of KRW 50 million received from the victim to G in cash. However, there is no evidence to support such assertion, and furthermore, it is inconsistent with the reason that there is no contract or receipt related to the above large amount of transactions.

③ Rather, the Defendant did not release waste wires by June 15, 2012, which is the date when the contract was performed with the victim, and thus, did not release the waste wires to the victim, and the Defendant did not make a false statement to the victim that “I would allow him/her to immediately release them once he/she returned to the Republic of Korea, which is a presidential assistant,” or continued to perform the act to follow the contract by displaying a sales contract for scrap metal in an amount equivalent to KRW 10 billion between D Co., Ltd. and H, which was not actually concluded by the victim around July 2012.

④ The Defendant recognizes that KRW 120 million, out of the amount of damage, has been arbitrarily used for his/her personal debt repayment, etc.

(ii).