All of the appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. As to the fraud of June 21, 2016, which was pronounced not guilty in the lower court of mistake of facts, the Defendant, on June 21, 2016, by deceiving the victim that “if a person lends money, he/she would receive the lease deposit immediately after he/she leases the Seoul Jongno-gu M et al. and one parcel of land, and would receive the property by deceiving the victim, and it does not mean that he/she would make a full payment as a result of the occurrence of the money, including the judgment of the lower court.

In addition, this is also the same law as the fraud crime committed on December 26, 2014, which was found guilty by the court below.

Therefore, the judgment of the court below which acquitted Defendant of the crime of fraud on June 21, 2016 is erroneous and erroneous.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence) is too uneased and unreasonable.

2. Determination

A. 1) A decision on the assertion of mistake of facts was made on the trial of the court below, and the prosecutor of the amendment of the indictment made an application for the amendment of the indictment to the extent consistent with the original facts charged, through lawful procedures, to the extent recognized as identical with the original facts charged, as follows. The subject of the judgment was modified by this court. Therefore, the prosecutor’s assertion of mistake of facts as to this part of the indictment was examined on the premise that the above facts charged was modified. 2) The summary of the modified facts charged was as to the prosecutor’s assertion of mistake of facts as to this part. Around June 21, 2016, the Defendant stated that “If a notary public on the 10th floor of Jongno-gu Seoul Jongno Building, in Seoul Jongno-gu, would receive the lease deposit immediately from the K law firm K office, and “if a money is lent,

However, in fact, the defendant borrowed money to the maximum extent possible as security or disposed of the above building and intended to repay the existing other debts, and leased the above building and borrowed it from the victim as security deposit.