The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the statement made by H’s investigative agency, the representative director of the victim I Co., Ltd. (hereinafter “victim”) as the representative director, the defendant can be fully found guilty of the facts charged.

H’s statement reversed by the court of the court below is not reliable.

B. The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below found the Defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in this case on the ground that it is difficult to view that the evidence submitted by the prosecutor alone, based on the evidence submitted by the prosecutor, deceiving H in relation to the purchase, etc. of D shopping mall business with the criminal intent of defraudation, or that the Defendant committed any other property disposal act that the H and the damaged company erred due to the Defendant’s deception, is difficult.

In light of each evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error of misconception of facts as alleged by the prosecutor.

This part of the prosecutor's argument is without merit.

B. Since a new sentencing data has not been submitted in the trial at the original trial as to the unfair argument of sentencing, there is no change in the conditions of sentencing compared with the original trial, and even when considering all the reasons for sentencing as stated by the lower court, it is not recognized that the lower court exceeded the reasonable scope of discretion because the sentencing was too unfied and exceeded the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The prosecutor’s unfair argument of sentencing cannot be accepted (the purport of this part of the prosecutor’s assertion is that the prosecutor’s appeal of this case is unfair because it is too unfied if the prosecutor’s assertion of mistake of facts is accepted). 3. The prosecutor’s appeal of conclusion is without merit, and therefore, Article 364(4) of the Criminal Procedure Act.