The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant was not the actual representative of C Co., Ltd. (hereinafter “C”), and returned 12 tables PCs that were supplied from some schools around May 2013 to the past. However, this is not a contribution to a school in victim D (hereinafter “victim Foundation”) and is not owned by the Victim Foundation, and the said PC was supplied to G elementary schools and was transferred KRW 9750,000 to mentor personnel expenses, etc., and thus, the Defendant did not deceiving the Foundation.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination:

A. As to the assertion of misunderstanding of facts, the Defendant, as the real representative of C with the aim of providing educational consulting services, entered into an entrustment contract with the victim foundation regarding the establishment and management of a bble PC at nationwide schools as part of the “E” of the Victim Foundation, and supplied the bble PC at national schools. On May 2013, 2013, the Defendant was returned 12 blick PC owned by the victim foundation, which was supplied by some schools.

Nevertheless, the Defendant, on December 9, 2013, by deceiving the Defendant to prepare and submit a false estimate as if he supplies 12 tables PCs, which are not those owned by the Victim Foundation, as seen above, to G elementary schools located in Sinsan CityF, and then deceiving the Defendant from the Victim Foundation for the above 7,788,000 won for the above 12 pieces PCs. The purport of the Defendant’s complaint by the Victim Foundation was that the Defendant had custody 12 pieces PCs owned by the Victim Foundation, but the Defendant was installed in G elementary schools, and acquired by transfer the money corresponding to 12 pieces PCs owned by the Victim Foundation, and the facts charged in the instant case is understood as the same context.

According to evidence, 9750,000 won paid to the defendant by the injured foundation.