The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant’s failure to supply “2012di Quaker A/ B/ B, 2012diet Packer A/ B/ B, 2012dier Packer Packer A/ B/ B, 2012dix Packer Packer Packer Packer goods, 2013dier Packer Packer / B/ B, 2013dier Packer Packer Packer goods (hereinafter “the goods of this case”) ordered by the Victim E was due to the fact that the Defendant did not pay all the balance of the goods ordered by the victim and that the Defendant did not have any intent or ability to supply the goods of this case, the lower court convicted Defendant of fraud of the total amount of KRW 71,659,200 among the facts charged of this case, by misunderstanding the fact that the Defendant did not have any intent or ability to supply the goods of this case.

B. According to the evidence submitted by the Prosecutor, the lower court found the Defendant guilty of fraud of KRW 176,885,748 as a sum of KRW 71,659,200 in total, and acquitted the Defendant of fraud of KRW 105,226,548 in total, despite the fact that the Defendant had no intention or ability to supply the instant goods to the victim, as if he would supply them normally. However, the lower court found the Defendant guilty of fraud of KRW 71,659,548 in total.

2) The sentence of the lower court’s improper sentencing (two years of suspended sentence in October) is deemed to be too unhued and unfair.

2. Determination

A. The summary of the facts charged is a person who operates an importing company of Italian Cheongba, Inc. D.

On September 201, 201, the Defendant acquired a general sales right against the victim E, who is an existing business partner in the Cheongban area.

A false statement was made that the order of the Cheongba District would be supplied in a normal manner.

However, even if the Defendant received the payment from the injured party, the Defendant did not think of the full transfer of the payment to the Italian company (NT STRL; hereinafter referred to as the “Uriria company”), which is a supplier of the Cheongba, and even if he remitted a part of the payment to the Italian company, the amount of the product ordered by the injured party.