The appeal by the prosecutor is dismissed.

1. Summary of grounds for appeal;

A. The victim of mistake of facts consistently stated from the investigative agency to the court of the lower court that he/she lent a total of KRW 18 million to the Defendant from June 15, 2012 to August 18, 2012, and submitted account transaction details and account books, etc. corresponding thereto, and the Defendant and the victim had been engaged in money transaction from time to time in the past. In particular, considering the fact that the victim had paid the Defendant’s maturity money in lieu of the Defendant’s maturity money over several times, and had been paid the Defendant’s maturity payment, and that the Defendant demanded the Defendant to lend money by sending text messages to the end-user, the Defendant could fully recognize the fact that he/she by deceiving the victim from June 15, 2012 to August 18, 2012, thereby obtaining cash of KRW 18 million in total six times.

B. The sentence of unfair sentencing (one year of imprisonment with labor for six months and one year of suspended execution) is too uneasible and unfair.

2. Determination

A. The lower court determined on the assertion of mistake of facts: (a) alleged that with respect to KRW 3 million on June 15, 2012, the victim lent KRW 3 million from F to the account in the name of the victim G who borrowed KRW 3 million from F to the account in lieu of lending it to the Defendant; (b) on June 15, 2012, the victim received KRW 3 million from F and then delivered it to the Defendant in cash. However, on June 15, 2012, the victim did not have any details of withdrawing cash from the said account from that time to June 30, 2012; (c) the victim borrowed KRW 3 million to H on June 21, 2012; and (d) the victim received KRW 3 million from the victim in the name of G to the account in the name of G, but the victim received KRW 3 million in cash from the victim to the account in the name of G and then transferred the remaining KRW 3 million to the Defendant on June 21, 2012.