The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) was in the process of completing the Plaintiff’s production upon request from the injured party; and (b) the Defendant was in the process of carrying out the work. However, as the result of being provided by the business entity in charge of the one-string was inappropriate; (c) the Defendant revoked the result of being provided by the business entity in charge of the one-string; and (d) the Defendant was the victim of the wind with which the contact with the injured party was cut off; and (e) did not receive the cost of production from the beginning with the intent of defraudation without the intent or ability of the other

B. The lower court’s sentence (4 months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is a person operating “C” as a child island producer.

On June 1, 2013, at around 13:00, the Defendant made a false statement in the Defendant’s house located in D Apartment-si, Namyang-si, Seoul, that “The Victim E (55 years) and the Victim E (35 million won) were to be produced from September 15, 2013.”

However, in fact, the Defendant was unable to pay monthly salary of the employees, and the Defendant was in the status of full withdrawal of the employees, and there was approximately KRW 74 million debt, and the Defendant did not have any other property or income, and the Defendant was thought to have used the money received from the victimized party for the payment of credit cards and loans.

The Defendant received KRW 7 million in cash from the injured party as the down payment on June 7, 2013, and received KRW 7 million as the first intermediate payment on July 9, 2013, and KRW 7 million as the second intermediate payment on August 10, 2013, respectively, from the national bank account in the name of F.

Accordingly, the defendant acquired property benefits by deceiving the victim.

B. The lower court’s judgment is in full view of the following circumstances, namely, ① the Defendant’s financial position at the time of receiving money as payment from the injured party is difficult.