The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The Defendant, upon the request of W, committed a misunderstanding of facts, only the fact that the gold product of this case was received in lieu of gold products, and there was no conspiracy with C, D, etc. to commit the fraud of this case with the fact that the gold product of this case was made by using other person's credit card information.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Judgment

In regard to the assertion of mistake of facts, the lower court, on the grounds indicated in its reasoning, determined that, if the Defendant conspireds with C, D, etc. to commit the instant crime, and C, D orders the goods using another’s credit card settlement information in China, the Defendant acquired the goods by means of directly receiving the said goods from Korea.

Examining the following points in light of the circumstances, such as the reasoning of the lower court’s judgment and the evidence duly admitted and investigated by the lower court, the said determination by the lower court is justified, and there was no error by misapprehending the facts as alleged by the Defendant.

① Around September 10, 2012, the Defendant committed the instant crime, and around September 10, 2012, around two to three months, the Defendant stayed in China for a period of one month. At that time, theO stated that C, the Defendant, and D, at the same time, had stated that C, and D, instructed the Defendant by telephone, “I d d d d d d d d d d.”

O has no particular interest with the defendant, and all facts of his crime are recognized by the defendant, and there is no possibility to impose liability on the defendant, and therefore his statement is credibility.

② The Defendant may enter into a contract to purchase the instant gold product under the name of the F director, who himself/herself is an employee of the Korea Minting and Security Printing Corporation, directly or in the name of ManaJ.