The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. D, with regard to the mistake of facts or misapprehension of legal principles (with regard to the point of fraud (not guilty part) against D, stated that A and the Defendant borrowed KRW 15 million under the name of the Corporation in a specific and consistent manner, and the loan certificate was also prepared.

Unlike the judgment of the court below, D is at least a contracting party who has given a duty-free shop construction jointly with AD, and A is a party who has used 5 million won out of the money received from D as an agreed amount with other victims for any purpose other than its original purpose, and it has not disclosed the place of use for the remainder of 3 million won delivered to AC.

A crime against D is a crime committed by K with a similar method within the nearest date and time that the court below found guilty.

In light of these circumstances, we can fully recognize the criminal intent of deception and deception of A and the defendant.

B. The sentence imposed by the lower court on the Defendant of unreasonable sentencing (one year of imprisonment with prison labor for four months and one year of suspended execution) is too uneasible and unfair.

2. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle

A. The summary of this part of the facts charged is that A is the representative director of H, and the Defendant is the managing director of (State) H.

A and the Defendant decided to take over another person’s property and made a false statement on April 28, 2016 to the effect that “F G located in Jung-gu Seoul Metropolitan Government E” and “D will take charge of removal works and interior works for AA duty-free shop construction within a F shopping mall. It borrowed KRW 15 million at the cost of carrying out the project.”

However, in fact, since the business that A and the Defendant continued to run in relation to F-free shop occupants at the time was in a state of suspension without obtaining permission due to the shortage of funds, etc., it was not possible to grant the authority to conduct interior works even if they receive investments from others, and the amount of money from D due to the aggravation of funds due to considerable amount of debts.