The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the fraud in this case of mistake of facts, the following circumstances, which can be acknowledged by the evidence and the above evidence submitted by the prosecutor, i.e., ① the Defendant used a cash card from elective delivery from time to time and discarded it, ② the Defendant informed K of whether the cash card can be properly withdrawn, and the victim was immediately deposited on the day he notified K that the cash card could be used, ② the cash card was not operated or its password could not be used because it could not be used because it was inconsistent with the password, ② the cash card was a structure that cannot inform the account number on the website, such as a sports competition, ③ the damage amount was less than at night, and ④ the cash card that the Defendant intended to use was printed out to the "crime registration account", and the "Fraud and fraud fraud account", and the Defendant did not use the cash card, and the lower court found the Defendant not guilty of this part of the facts charged, and found the Defendant not guilty of this part of the facts charged, in light of the aforementioned reasons.

B. The sentence imposed by the lower court (ten months of imprisonment, two years of suspension of execution, one hundred and twenty hours of community service order, confiscation) is too uneased and unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts 1) The summary of this part of the facts charged (the staff of the commission of the phishing crime committed with the name of fraud shall be called “total liability” and a financial company or investigative agency to the victims under the direction of the general liability.