All appeals by the prosecutor and the defendant are dismissed.

1. The lower court rejected and dismissed the applicant C’s application for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation was unable to file an objection against the judgment dismissing the application for compensation. Therefore, the above part was immediately determined.

Therefore, among the judgment below, only the part of the case of the defendant except the dismissal of the above application for compensation belongs to the scope of trial by the party.

2. Summary of reasons for appeal;

A. The lower court’s sentence (two years of imprisonment) against the Defendant by the prosecutor (unfair sentencing) is too unhued and unreasonable.

나. 피고인 1) 사실 오인 가) 주식회사 F에 대한 사기의 점 이 부분 공소사실 중, ① 어댑터 공급 사기 부분은, 피고인은 주식회사 F( 이하 ‘F ’라고만 한다 )에 발주 받은 대부분의 어댑터를 공급하였고 미 이행부분은 극히 일부분에 지나지 아니하는 바 이는 민사상 채무 불이 행의 문제에 지나지 아니하고 피고인에게 편취 범의가 없었다.

Next, the second part of the fraud was actually detained by the Defendant at the time, and later, the Defendant was to settle the borrowed money from the Defendant’s F or E’s claim for the price of goods to F or E, and there was no intention to obtain by fraud at the time of the above borrowing

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by mistake.

B) The fraud in relation to C was committed by the Defendant, as indicated in this part of the facts charged, 12 tons of the instant nitroel 12 tons were shipped into Busan via Hong Congo, but no customs clearance was permitted by the customs code known by C, and thus, it was only in custody in the red bean warehouse, and the Defendant did not commit deception with respect to C with respect to deception as stated in this part of the charges.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by mistake.

2) The sentence of the lower court (two years of imprisonment) against an unfair defendant in sentencing is too unreasonable.

3. Determination

A. As to the Defendant’s assertion of mistake of facts, F.