Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1 notified the victim of the fact that construction work will be carried out by means of borrowing the name of construction business registration, so there is no fact of deceiving the victim. Nevertheless, the judgment of the court below convicting the Defendant is erroneous in the misapprehension of the facts. 2) The sentence of the court below against the Defendant of unfair sentencing (one month of imprisonment) is too uneasible and unfair.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. Determination

A. When comprehensively considering the results of the first instance trial and the results of the further examination of evidence conducted by the time of the closing of argument in the appellate trial from the perspective of the trial-oriented principle on the defendant's assertion of mistake of facts, the appellate court should not reverse without permission the first instance court's decision on the credibility of the statement made by the witness in the first instance unless there are exceptional cases deemed significantly unfair to maintain the first instance court's decision on the credibility of the statement made by the witness in the first instance (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The defendant argued to the same effect as the grounds for appeal in the lower court, and the lower court rejected the defendant's assertion while explaining the lower court's reasoning on this point at the bottom of the summary of evidence. In so determining, the lower court tried to inform the victim of the additional contract and to provide the victim with additional 40 million won in the process of construction work.