The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The lower court determined that the Defendant was innocent on the charge of fraud and embezzlement by misunderstanding the fact (as to the part of the lower judgment’s acquittal), taking into account the background of the case, the relationship between the Defendant and the victim, and the Defendant’s self-sufficiency, etc.

B. The lower court’s sentence against an unfair defendant in sentencing (one million won in 3 million won) is too unhued and unfair.

2. Judgment on the assertion of mistake of facts

A. On June 21, 2013, the Defendant made a false statement on the charge of fraud that “Around June 21, 2013, the Defendant would make payment within three months with a loan of KRW 20 million due to the shortage of money.”

However, in fact, the Defendant used most of the revenues earned by working in the form of loans worth KRW 20 million in total at the time, such as monthly income, living expenses, and funds. Therefore, even if he/she borrowed money from the injured party, he/she did not have the intent or ability to repay the agreed time of payment.

Nevertheless, the defendant deceivings the victim as above and transferred 20 million won to the corporate bank account in the name of the defendant on the same day from the victim.

B) On August 19, 2013, the Defendant would pay the victim C as soon as possible if he/she lends money to the victim C in the case of “E” located under the building G 606 of the Young-si Suwon-si Building (E) around August 19, 2013.

The phrase “ makes a false statement.”

However, the Defendant, at the time, was unable to fully repay the principal and interest of KRW 20 million borrowed from the injured party, such as the foregoing paragraph (A), while bearing the obligation of loans worth KRW 20,000,000,000, and most of the revenues earned from work were consumed by monthly rent, living cost, and funds, and thus, the Defendant was able to pay money from the injured party.