The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although it is possible to recognize the fact that the defendant by deceiving the victim and by deceiving the victim, such as the charge of fraud part, the court below erred in misunderstanding the facts concerning this part of the charges.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too uneased and unreasonable.

2. The lower court found the Defendant not guilty of the facts charged on the part of the fraud while sufficiently explaining the grounds for the determination of the mistake of facts.

Even if the evidence duly adopted and examined by the court below and the witness B’s statement in the court room, the only evidence submitted by the prosecutor alone cannot be deemed to have been proven beyond a reasonable doubt. Thus, the court below’s judgment that acquitted the Defendant of this part of the facts charged did not err by mistake of facts, as alleged by the prosecutor, in the same purport.

Therefore, the prosecutor's argument of mistake is without merit.

3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no evidence specially submitted at the trial court, and there is no significant change in the sentencing conditions compared to the original judgment. In full view of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing is too unfeasible and so it exceeded the reasonable scope of discretion.

4. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.