The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the event that goods have been supplied with concealment of facts or misunderstanding of legal principles (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)), the intent of deception and deception is recognized if the goods have been supplied with concealment of these facts, even if the ability or intent of repayment is extremely doubtful due to cumulative excessive debts.

At the time when the defendant was supplied with stone by the victim K and N (hereinafter “victim”) from the victim K and the defendant had already aggravated finances to the extent that normal payment of the stone was difficult, and the defendant was aware of this. The defendant is likely to pay the stone by paying the stone for four months after the delivery of the stone, and as long as the stone was supplied from the victim company, the intention of defraudation is recognized.

Nevertheless, the court below found the injured company not guilty of each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in this case.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment, two years of suspended execution) is too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles, the court below's decision should be made after explaining the relevant legal principles, and after considering the objective circumstances such as the defendant's financial history, environment, content of the crime, process of transaction execution, etc., unless the defendant makes a confession (see, e.g., Supreme Court Decisions 97Do2630, Jan. 20, 1998; 97Do2630, Dec. 10, 2004; 2004Do3515, Dec. 10, 2004).