1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of two years and six months;

3.Provided, That this judgment has become final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the Defendant was able and able to repay the price of goods or borrowed money from the injured party at the time of receiving the original supply or borrowing of money, but it was only impossible for the Defendant to repay the debt with the wind caused by unexpected interruptions in the sale of home shopping broadcasts.

Therefore, there was a criminal intent to obtain fraud from the defendant, or the defendant deceivings the victim.

Although it cannot be seen, the lower court found the Defendant guilty of the facts charged, the lower court erred by misapprehending the facts.

B. The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted this part of the grounds for appeal, and on this basis, based on the circumstances described in detail in the part on the “determination of the Defendant and the defense counsel’s assertion” of the judgment, the lower court is sufficiently recognized to the effect that the Defendant, on the grounds that the Defendant bears excessive debts at the time of committing the instant crime, and that even if the Defendant borrowed money from the damaged party upon receiving the original supply of the money due to the aggravation of management circumstances, it may not be able to repay the money, with the concealment of such circumstances, by receiving the original demand from the damaged party or receiving the money as the borrowed money

Based on the judgment of the court below, the charged facts of this case were convicted.

Examining the various circumstances presented by the court below and the evidence duly adopted and examined by the court below, the above judgment of the court below that recognized the defendant by deceiving the victim with the intent to commit a crime by deceit at the time of the crime of this case is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

subsection (b) of this section.

Therefore, this part of the defendant's argument cannot be accepted.

B. Sentencing;