The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the event of receiving gas supply from the victim, the Defendant attempted to pay the gas cost at the time of receipt of the gas supply by I and J, but failed to pay the gas cost to the victim due to the failure of J, etc., unlike expected, and did not intend to obtain the intent to obtain the gas from the beginning.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (a fine of four million won) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly adopted and examined by the lower court, found the following facts or circumstances that can be acknowledged by the determination of mistake, namely, the Defendant was supplied with oxygen and LPG gas equivalent to a total of KRW 4,598,000 from the date of February 2016 to the end of February 1, 2016, on condition that he/she was awarded a subcontract for household facilities construction among E construction works from I and J, and that he/she would have failed to pay the amount at the end of the month. After paying the amount of KRW 576,40 of the first month, the Defendant did not pay the remainder of the gas until the date of the settlement. The Defendant’s company operated the Defendant had experienced financial difficulties due to construction competition depression. Since November 2015, 2015, the Defendant started to leave the enemy, taxes of KRW 1,600,000,000, and eventually suspended construction works. The Defendant was also notified of the credit rating of the Defendant’s maximum amount of KRW 16,01.25.