The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of this part of the charges that the defendant deceivings the victim and acquired pecuniary benefits equivalent to the cost of installing boiler, but the court below acquitted this part of the charges. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. On November 2014, the summary of this part of the facts charged is as follows: (a) the Defendant made a false statement to the victim E office operated by the victim C, Inc., Ltd., the Gyeonggi Sentencing Group, stating that “The Defendant would have been ordered to install the boiler construction work, so he would receive the payment from the victim.” However, even if the victim installed the boiler, the Defendant received the payment from the victim; and (b) the Defendant did not have the intent or ability to pay to the victim. On November 26, 2014, the Defendant, by deceiving the victim, had the victim construct the boiler at the I, and had the victim construct the boiler at the 10,200,000 won, and acquired pecuniary benefits equivalent to the said amount because the Defendant did not pay the victim the price to the victim. Accordingly, the Defendant, by deceiving the victim, obtained a total of 10,1950,000 won from the victim who was the party to the boiler construction contract from the lower court, to the extent that the Defendant had duly completed the agreement to install the boiler.