The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant: (a) concluded a contract to purchase scrap metal generated in the process of factory removal by Korea Industrial Co., Ltd.; and (b) paid 10 million won the down payment to E; (c) received KRW 60 million from the victim to provide the remainder of the intermediate payment and remainder; but (d) did not pay the intermediate payment and remainder due to E’s failure to perform the contract; and (e) received KRW 60 million from the victim to purchase another scrap metal, unlike anticipated, the Defendant used it for purchasing another scrap metal, but did not sell the scrap metal, and thus, did not return the money to the victim.

Therefore, the defendant did not deceiving the victim, and there was no intention to commit the crime of defraudation by the defendant.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, it is reasonable that the lower court found the Defendant guilty of the facts charged in this case, and there is no error of mistake of facts as alleged by the Defendant

This part of the defendant's assertion is without merit.

1) The Defendant made a confession in the lower court’s entirety of the facts charged in the instant case. The content of the confession itself is unreasonable from an objective point of view, or cannot be found contrary to or contradictory to other circumstantial evidence other than the confession. However, there is no evidence to deem that there was no voluntariness of the confession due to the grounds prescribed in Article 309 of the Criminal Procedure Act, or that there was no reasonable doubt in the motive or process of the confession. 2) On August 9, 2012, the Defendant concluded a contract to purchase the scrap metal generated in the course of the removal of a factory from Korea Industrial Co., Ltd. from Korea on August 9, 2012 at the time of entering into the contract to purchase KRW 95 million, the down payment is KRW 10 million on the date of the contract, and the intermediate payment is KRW 20 million on August 10, 2012, and the remainder KRW 65 million on August 15, 2012.