The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding the facts as follows, which found the facts erroneous and sentenced the victim B and G not guilty, thereby affecting the conclusion of the judgment.

1) As to the facts charged that the Defendant received a sum of KRW 35 million from September 23, 2013 to July 29, 2015 from the victim B, the lower court found the Defendant not guilty of this part of the facts charged on the ground that it is difficult to readily conclude that the Defendant had no intent or ability to repay before 2016. However, there is no objective ground for the frequency of collection that the Defendant acquired during the above period. Even according to the Defendant’s assertion, the Defendant’s obligation has been continuously increased from 2013 to 2015, and some of the amount that the Defendant repaid to the victim B is merely interest, the lower court can sufficiently recognize that the Defendant received the above sum of KRW 35 million from the victim’s defrauded with the intent to obtain money from the victim B and acquired it from the investigative agency for the above period, but it is difficult to recognize that the Defendant received the above amount of money from the victim and delivered it to the victim under the name of the Defendant’s testimony in relation to the above facts charged.

B. The lower court’s sentence against the Defendant of unreasonable sentencing (the imprisonment for eight months, the suspension of the execution of two years, the probation, and the community service order 200 hours) is too uneasible and unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts