All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. According to the prosecutor’s statement (as to the judgment of the first instance court), the Defendant and the B’s statement acknowledged that the Defendant lent a construction business registration certificate or a registration pocket book from C Co., Ltd. and carried out construction, the lower court acquitted the Defendant by misapprehending the fact.

B. Defendant (1) had an agreement on the eviction between the Defendant and the victim, so it cannot be deemed that the victim was in the status of the resident at the time of committing the instant crime, and there was no intention to intrude the Defendant’s residence. (2) The lower court’s punishment (700,000 won of fine) is too heavy.

2. Determination

A. As to the appeal by the public prosecutor, the conviction in a criminal trial shall be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true beyond a reasonable doubt, and if there is no evidence to form such a degree of conviction, the suspicion of guilt is between the defendant even if there is no evidence to establish such a degree of conviction.

Even if there is no choice but to judge the interests of the defendant.

(2) On February 25, 200, in light of the following circumstances, (see Supreme Court Decision 99Do4305, Feb. 25, 2000). In other words, the evidence submitted by the prosecutor alone is insufficient to deem that the facts charged are proven without any reasonable doubt, and thus, the prosecutor’s assertion of mistake of facts is without merit, in light of the following circumstances: (a) B, a construction business operator, has leased the name of the C stock company to another construction site; (b) B, unlike the facts charged, has testified that there is no possibility to receive KRW 1.5 million from the Defendant from the Defendant in the court of original instance; and (c) B, as the case against which the Defendant was accused of delayed payment; and (b) B, on February 2, 2019, stated that the Defendant’s assertion that

B. As to the Defendant’s appeal of mistake of facts, the victim’s argument on November 12, 2018 will be unfolded.