The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of the facts charged of this case even though he did not have any intention to acquire by deception because the mobile phone sold by the defendant was unaware of the fact that it was broken down, is erroneous and adversely affecting the conclusion

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

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of facts is sufficiently acceptable in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the victims’ telephone machines purchased from the Defendant were unable to be used, and the victims’ demand for refund was not contacted, and the Defendant did not confirm the normal operation of the telephone machines despite the same power, and selling them without checking the normal operation of the telephone machines.

The judgment of conviction was found guilty.

2) Examining the above judgment of the court below after comparing it with records, the judgment of the court below is just, and there is an error of law by misunderstanding facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The total amount of damage in the instant case is KRW 4.90,000,000, and the Defendant returned KRW 150,000 to the victim E and KRW 90,00 to the victim

However, the defendant has been punished for the same crime nine times (two times of imprisonment with prison labor, one time of suspended sentence of imprisonment with prison labor, and six times of fine) and there is no new change in circumstances that make it possible for the defendant to change the punishment of the court below in the trial.

. Other defendant.