The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. In light of the Defendant’s financial standing or excess of his/her obligation, it is recognized that the Defendant was supplied by the victim D, E, F, G, and H and acquired it by deception despite the Defendant’s absence of the ability or intent to repay at the time.

Nevertheless, the court below rendered not guilty of this part of the facts charged. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Defendant 1 (as to the guilty portion of the lower judgment), the Defendant did not have any criminal intent to commit fraud or to obtain money from a victim K, L, or M by mistake as stated in the lower judgment. Nevertheless, the lower court convicted the Defendant of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The lower court sentenced the sentence of unfair sentencing (two months of imprisonment) to be too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged in this part of the charges is as follows: (a) On July 18, 2013, the Defendant: (b) made a false statement to the victim of D’s field of spawn Kimcheon-si, that “When the spawn spawn supplied the spawn to its own company, the spawn would be paid every 15 days.” However, even if the Defendant was supplied spawn from the victim, the Defendant did not have the intent or ability to pay the spawn price at the same time on the said promise. The Defendant received spawn 57 spawn from the victim on July 18, 2013, from around July 18, 2013 to January 11, 2014, the Defendant received spawn 43,985,500 won in total at the market price, as indicated in attached Table 2 of the lower judgment, and received spawn. 27.