The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. When the KOB (hereinafter referred to as the “instant company”) is supplied the HOB with H with the H, the Defendant was not involved in the management of the instant company at the time of the said transaction, and the instant company had the intent and ability to pay the price of the goods at the time of the transaction. However, the instant company was not able to receive the price of the clothes from W, which requested the instant company to vicariously import the clothing, and thereafter, did not pay the LOB amount.

Defendant participated in the instant crime.

The judgment of the court below which found the defendant guilty even though it cannot be said that there was a criminal intention by deception or fraud, is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles as to the criminal intent by deception.

B. The sentence of one year of suspended sentence on April sentenced by the lower court is too unreasonable on the grounds that the sentence of unfair sentencing is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below based on the evidence duly adopted and examined as to the assertion of mistake of facts or misapprehension of legal principles, in particular, in light of the fact that the defendant was directly involved in the operation of the company of this case at the time of the transaction with I and the conclusion of the contract with I, and that the financial situation of the company of this case at the time of the transaction with I was very bad, it is sufficiently recognized that the defendant would not be able to pay the price to the Co-Defendant A at least in collusion with the court of first instance but was provided with the hard disc from

The judgment of the court below that there was an intention to commit a crime by fraud against the defendant is just, and this part of the defendant's assertion is without merit.

1. The instant company: (a) agreed to pay the full price in cash within 15 days after being supplied with a hard disc from I on May 10, 2012; (b) however, only paid KRW 100,000 on June 7, 2012, and did not pay the remainder at all.