The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the continuation of the roto and Saturdays in the instant Mart is determined by the Defendant’s outside room G with the business owner; (b) the Defendant was in a state in which it was impossible for the Defendant to clearly guarantee the Defendant’s business rights of “roto and Saturdays” due to lack of any promise from G; (c) the Defendant was the victim as if he would guarantee the Defendant’s normal business rights; and (d) the preparation of a contract different from the content of the agreement is possible; and (c) thus, the Defendant’s intent to commit deception and fraud can be fully recognized.

2. Judgment on the assertion of mistake of facts

A. On December 24, 2012, the summary of the facts charged in the instant case stated that “If the Defendant acquires Mat in the internal operation, he/she may sell lottery tickets and sports discussions to the victim F during the operation of the Mat, he/she may request 60% from the proceeds of selling the Matotoo lottery tickets and sports discussions.”

However, in fact, the name of the above-sharing Gato lottery tickets and sports earth sales operation rights has been registered in the name of G, a well-known mother of the defendant, and in order to continue to sell the Sharing Gato lottery tickets and sports discussions, G has gone through a re-contract procedure, such as completing a certain education every year, but the defendant has not been promised to continuously guarantee the above sales operation rights from G, and there has been no thought that the above sales operation profits that the defendant would have been divided into G, and even if the defendant transferred the above Mato to the victim, he did not have the intention or ability to continuously guarantee the right to continuously sell the lottery tickets and sports earth sales.

Nevertheless, the defendant deceivings the victim as above, and he discusses the right to use the Mart as a part of the victim.