The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor concerning the mistake of facts or misapprehension of the legal principles, the defendant could sufficiently be recognized that the defendant deceivings the victim, as stated in this part of the facts charged, and acquired 50 million won from the victim.

Nevertheless, the judgment of the court below which acquitted the Defendant of this part of the facts charged on the ground that there was no proof of criminal facts is erroneous in the misapprehension of facts

B. In relation to the point of unfair special injury in sentencing, the sentence of the lower court (ten months of imprisonment and two years of suspended sentence) is too unhued and unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On January 20, 2016, the Defendant made a false statement to the effect that “The Defendant borrowed KRW 55 million, which shall be repaid without a mold, after three months from the need to pay it,” to the said victim within the difference of the victim I who followed the intersection in front of the Southnam-si, Seoul Special Metropolitan City.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it within the above period.

Nevertheless, the defendant deceivings the victim as above and took over 55 million won to a corporate bank account (K) in the name of the defendant designated by the defendant on the same day from the victim.

B. The lower court determined that there was a criminal intent of deceiving the victim as stated in this part of the facts charged or by deceiving the criminal defendant at the time, only the evidence submitted by the prosecutor, while sufficiently explaining the grounds for determining the grounds for innocence.

It is difficult to conclude it.

In light of this, the lower court acquitted this part of the charges.

Examining the evidence duly adopted and examined by the court below in light of the records, it is justified to make such a judgment in full view of the facts and the circumstances known through it, and the evidence submitted by the prosecutor is alone.