The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. With respect to the facts charged of the fraud of this case, it is nothing more than that of the defendant who had failed to pay wheelchairss and other charges due to various circumstances, and even though the defendant intended to pay the price thereafter, the victim did not refuse to receive it, and the defendant did not receive wheelchairss and other charges by deceiving the victim without the ability and intention to pay the price from the beginning. Therefore, it is reasonable to deem that the defendant had the intent and ability to pay the victim, and even though it is not recognized that the defendant had the intention to commit the crime of defraudation, the judgment of the court below which found the defendant guilty of the facts charged of the fraud of this case by misunderstanding the facts or misunderstanding the legal principles, thereby affecting the conclusion of the judgment.

B. In light of the fact that the Defendant’s assertion of unreasonable sentencing or misapprehension of legal principles was accepted, the part of the judgment of the court below acquitted the Defendant on the part of the crime of fraud, or even if not, the Defendant is not guilty, and there is no history of criminal punishment like this case, and there is no history of criminal punishment like this case. In addition, the amount of damage caused by fraud is relatively minor as KRW 500,000,000, the victim was refused to receive, and the victim was repaid by the amount or by the victim’s child, the sentence of the court below is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The relevant legal doctrine is a crime established by deceiving another person to make a mistake, causing a dispositive act to receive property or gain pecuniary advantage. The intent of unlawful acquisition, which is a subjective constituent element of fraud, is a crime of fraud, unless the defendant makes a confession, that is, before and after the commission of the crime, the financial history, environment, details of the crime, and transactions.