The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the evidence of this case of mistake of facts, the court below acquitted Defendant B of the charge of fraud on the ground that Defendant B did not have participated in the Defendant A’s act of taking advantage of the fact, although Defendant B had sufficiently recognized the fact that Defendant B committed the crime of fraud with Defendant A, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment, two years of suspended execution, two years of probation, and 120 hours of community service order)

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, namely, the Defendants purchased alcoholic beverages on credit at the main point where the Defendants had rendered the instant integrative culture.

Even if Defendant A’s consistent statement and consistent statement revealed in Defendant A’s corresponding thereto, if Defendant A intended to drink with a business owner and with his own credit, it should be examined closely by comparing the judgment of the court below with the above evidence, including the fact that Defendant B’s trust and eating food together with Defendant A cannot be deemed to have participated in Defendant A’s fraud, and that the judgment of the court below is just, and it does not seem that the court below erred in the misapprehension of facts as pointed out by the prosecutor of the court below and affected the conclusion of the judgment.

B. The Defendants’ previous statements on the assertion of unfair sentencing, and there are unfavorable circumstances, such as obstruction of duties or bad attitude of obstruction of performance of official duties, or the Defendants’ mistake and depth are divided. Each of the instant crimes committed by the Defendants is contingent while under the influence of alcohol.