The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) even if C did not have the intent or ability to pay the sales payment even if it was difficult for the financial situation at the time of entering into a sales consignment contract with C, the Defendant acquired pecuniary benefits equivalent to the sales payment by allowing C to sell the mobile phone.

Nevertheless, the court below rendered acquittal on the grounds that C’s disposal act is not recognized. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment.

Even if fraud is not established, fraud is not established.

Even if C sells a mobile phone by way of receiving a return of money from cash or account transfer in accordance with the mobile phone consignment contract with the Defendant, as long as C sells the mobile phone through cash or account transfer, the Defendant is obligated to pay C the settlement of accounts. This is a typical and essential matter, not incidental to the consignment contract. Thus, the Defendant is a person who administers another’s business.

Nevertheless, the court below rendered acquittal on the ground that the defendant does not constitute a person who administers another's business. The court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. Determination

A. The gist of each of the facts charged in the instant case is as follows: (a) The fraud Defendant, as a mobile phone wholesaler on March 2014, made a false statement that “I would sell 36 mobile phones to C, and receive money in lieu of the sales proceeds, and pay the said money.”

However, the Defendant had no intention or ability to calculate the settlement amount and deliver it to C even if he received the sales proceeds of the aforementioned mobile phone due to insufficient employee benefits and shortage of living expenses due to financial difficulties at the time.

around that time, the Defendant has C.