The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal by the defendant;

가. 2019고단5138 사기의 점에 대한 사실오인 원심은, 판시 3대의 의료기기{쿨쉐이핑(냉동지방분해기), 펀치웨이브(체외충격파요법비만장비), 멀티쉐이프(초음파지방분해기), 이하 ‘이 사건 의료기기’라고 한다}의 시가를 4,550만 원으로 인정하였으나, 이 사건 의료기기의 시가는 4,550만 원에 미치지 못하므로, 이 부분 원심판결에는 사실을 오인하여 판결에 영향을 미친 위법이 있다.

B. The sentence of the judgment of the court below on unreasonable sentencing (4 months of imprisonment) is too unreasonable.

2. There is a written estimate attached to the lease agreement and the defendant's court's court statement in the court below as evidence that conforms to the fact that the market price of the medical device in this case is KRW 45 million in determining the defendant's assertion of mistake of facts.

However, in full view of the following circumstances that can be recognized by the lower court by comprehensively taking account of the evidence duly adopted and examined by the lower court, i.e., ① the said quotation was prepared as of February 7, 2017 as of fraud committed against the Defendant’s victim D ( September 15, 2017) and at least seven months, ② the Defendant sold the instant medical device to Homan on November 201, after the Defendant acquired it, and then sold it to G. The Defendant appears to have less than KRW 45,500,00,00 for the instant medical device sold by the Defendant to G. ③ While the Defendant was dissatisfied with the market price of the instant medical device at the time of the prosecutor’s investigation, the lower court did not have any evidence to acknowledge that the instant medical device was at least KRW 45,500,000,000,000,000,000,000 won.

Therefore, it is true.