The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant’s statement concerning the amount of the goods in question of mistake of facts or misapprehension of legal principles is inconsistent with objective evidence, such as the transaction account book prepared by the victim, and that there is a big difference between the amount not recovered from the customer and the amount of the goods not repaid to the victim, and that at the time, it is difficult to believe the Defendant’s statement that there was no criminal intent to commit fraud, the lower court acquitted the Defendant of the fraud of the facts charged in the instant case based on the Defendant’s statement, etc.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of a fine) is too uneased and unreasonable.

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

A. The lower court rendered a judgment on the charge of fraud among the facts charged in the instant case on the ground that, in light of the following circumstances, the Defendant’s failure to pay air conditioners to the victim can be deemed a default under the civil law, even if the Defendant did not have an intent to repay and ability, it is difficult to deem that he/she could not be provided air conditioners by deceiving the victim, even though he/she did not have an intent to repay and ability.

1 Transactions between the defendant and the victim can be seen as a kind of continuous transaction, not a single transaction.

In other words, when the defendant who runs the air-conditioner installation business orders air-conditioner installation, the victim who runs the air-conditioner wholesale business delivers the air-conditioner to the designated place, and the defendant trades by receiving the air-conditioner cost and paying it to the victim after installing the air-conditioner.

The intention and capacity of the parties to the transaction and the existing transaction in the manner of the supply of air conditioners and the payment of the price to them are cross-sectioned.