The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. 1) Of the instant facts charged, the Defendant did not have any intent or ability to pay the price for the goods to the Defendant, since the Defendant continuously paid the price to the victim during the course of the transaction, with respect to the fraud against the victim G.

shall not be deemed to exist.

2) Of the facts charged in the instant case, with regard to the fraud with the victim K, the Defendant paid the victim the amount of credit transaction from time to time in the course of transaction, such as paying the victim the amount of KRW 4,00,000 on April 21, 2014, KRW 8,000,000 on April 23, 2014, and KRW 50,000 on April 26, 2014, respectively, and thus, there was no intention or ability to pay the amount of goods.

shall not be deemed to exist.

3) Therefore, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of facts.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. In light of the record as to the fraud against the victim G, the Defendant received food materials equivalent to KRW 119,850,000 from the LAD G (hereinafter “victim company”) during the period from March 11, 2013 to April 22, 2013. The Defendant supplied the victim company with food materials equivalent to KRW 119,850,00,000 on May 3, 2013, 2013; the Defendant: (a) KRW 11,750,00 on May 11, 2013; and (b) KRW 5,620,00 on May 22, 2013; and (c) KRW 25,00,000 on May 25, 2013; and (d) KRW 200,000 on May 25, 2013;

5. The fact that each payment of KRW 36,370,000 in total was made on March 12, 2013. Meanwhile, the Defendant also paid KRW 60,593,000 in total by paying KRW 18,250 on April 17, 2013, KRW 17,000, KRW 17,000 on May 8, 2013, and KRW 60,593,000 on May 10, 2013; at the time of the Defendant’s payment of the price for the goods in U’s account as above, by M& or L’s request, the injured company and the representative director of UF on March 12, 2013, at the time of the Defendant’s payment of the price for the goods in U’s account was made on the same as U’s employees, but both the injured company and U.S. representative director at the time of the Defendant’s appearance in U.F. as a witness.