The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In a case where the defendant was convicted of fraud other than this case of mistake of facts, the court below accepted the defendant's substitute suit that the defendant's operation status was anticipated to be improved only on the basis of the changes in the test although there were no circumstances that could have led to the defendant's economic circumstances, and acquitted the defendant on the facts charged of the fraud of this case by mistake of facts and thereby affected the conclusion of the judgment.

B. The sentence (exemption from punishment) imposed by the court below on the defendant is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts (not guilty part)

A. On September 29, 2017, the summary of this part of the facts charged, the Defendant concluded a contract for construction with the victim G, who operates a sound device agency, in the Fweing Holdings Plue page operated by the Defendant located in the Geum-gu Busan, Busan, to the effect that “The Defendant would pay the price for the sound, lighting, and video camera installation in the third floor Slue page.”

그러나 사실 피고인은 그 명의로 된 재산이 전혀 없고, 2016. 4.경부터 F 웨딩홀 및 뷔페를 운영하였으나 매출 부진으로 매월 상당한 적자가 발생하고 채무가 누적되어 직원들 급여를 주지 못할 정도로 경제적 상황이 나빴고, 사채를 끌어 쓰는 바람에 수입이 생기더라도 다른 채무를 갚아야 할 상황이었기 때문에 피해자에게 공사를 시키더라도 공사대금을 지급할 의사나 능력이 없었다.

As such, the Defendant: (a) by deceiving the victim; and (b) caused the victim to perform construction work from October 21, 2017 to November 1, 201 of the same year; and (c) did not pay KRW 17,418,500 as the price under the said contract; and (d) acquired pecuniary benefits equivalent to the said amount.

B. Prosecutions have been instituted in the first criminal trial for judgment.