The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, due to the aggravation of management conditions, did not perform the orders for the manufacture of goods due to the aggravation of the production of goods, but does not receive the price for the goods as the criminal intent of defraudation.

B. Of the sentencing department, the sentence of the lower court (1.5 million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, the facts as the time of original adjudication can be acknowledged. ① The manufacturing period of the goods ordered by the victim is about 10 days, and the defendant posted a notice to the consumers as if he had completed inventory disposal of the final product until the date on which the order was placed through the Internet bulletin board, but does not perform delivery or refund of the goods until now since the victim received the first payment. ② Even if the risk of failing to produce the goods due to the aggravation of business situation has arrived, it is necessary to make efforts to refund the money received or understand the order of the customers if the risk of failing to produce the goods due to the aggravation of business situation, but the defendant sold the goods to the victim by telephone and sold another member's claim after the receipt of the first payment to the victim on two additional occasions, and then received the additional goods of KRW 1.5 million (200,000,0000 on February 16, 201).

Although the defendant asserts that "the defendant needs material and time for the production of goods to be delivered from the police to the victim".

In light of the statement, the defendant appears to have been a new product, and there is no used product to be sold immediately even if the defendant's argument is satisfied.