All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. According to the statements by E, G, M, H, etc. concerning the attempted fraud and embezzlement of which the lower court acquitted the Defendant, as stated in each of the facts charged, the Defendant attempted to take the Defendant’s 42,681,00 won in total of the remaining construction cost difference from the victimized company, as stated in each of the facts charged, and the embezzlement of the victim company’s health room 15 points is all acknowledged. 2) The sentence of the lower court of unfair sentencing (two months of imprisonment and suspension of execution, two years of suspension of execution, and one hundred and twenty hours of community service) is too unreasonable.

B. As to the crime of fraud on which the lower court convicted the Defendant (De facto mistake, misunderstanding of legal principles, and unreasonable sentencing) and misunderstanding of legal principles, the Defendant has made best efforts to fulfill the duty stipulated in the lease agreement with the victimized company, and was able to prepare the lease deposit and the difference through the Defendant’s attachment, etc., so there was no intention to commit fraud. 2) The lower court’s punishment of unfair sentencing (two months of imprisonment and suspension of execution, two years of probation, one hundred and twenty hours of social service, etc.) is too unreasonable.

2. Public prosecutor's assertion of mistake and misapprehension of legal principles on the defendant's assertion of mistake

A. In the process of the appellate trial’s examination, there was no new objective reason that could affect the formation of a documentary evidence, and the judgment of the first instance court was clearly erroneous.

If there is no reasonable ground to deem that the argument leading to the fact-finding is in violation of logical and empirical rules to maintain the judgment as it is, there is no reasonable ground to believe that it is significantly unfair, the judgment on the fact-finding of the first instance court shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017).

The lower court's decision on the prosecutor's assertion of mistake of facts is that ① the Defendant denies the entire charge and misstatements the remaining construction cost list, but further confirms the details on the part of the victimized company.