The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. Summary of grounds for appeal;

A. Although the Defendant did not have any criminal intent to obtain the steel product price from the victims, the lower court found the Defendant guilty of charges by misunderstanding the facts.

B. The punishment sentenced by the lower court (five years of imprisonment) is unreasonable compared to the extent of the Defendant’s responsibility.

2. Determination

A. In light of the financial status such as the purchase of credit, the size of non-performing loans, and the burden of interest on the loan obligations of Co., Ltd. (hereinafter “D”) as at the end of January 2012, the evidence duly adopted and examined at the lower court and the first instance court as to the assertion of factual mistake, it can be recognized that from January 2013, even if the steel materials were supplied and sold on credit, the credit amount cannot be fully paid. Each entry of the evidence Nos. 15, 17 through 21, 37 through 45 (including some number) submitted by the Defendant at the first instance trial does not interfere with the recognition of the above facts.

Thus, even if D received steel products from victims on credit from January 2013, 2013, at least part of D's credit payment would be eventually unpaid, and as the defendant, who is the representative director of D, was fully aware of this situation.

Since it is reasonable to see that the defendant was guilty of the charge that he received steel materials from the victims after January 10, 2013 and received them as the total amount of KRW 2,410,195,153 from the victims, and received them, the conclusion of the court below that found the defendant guilty is just.

The defendant's assertion of facts is without merit.

B. As to the crime of this case’s crime of determining the illegality of sentencing, the fact that the sum of the steel materials paid to the victims is about KRW 2.4 billion, and that most of the damages was not recovered, and that the victims want to take a severe punishment against the defendant is disadvantageous to the defendant.