The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the fact that the defendant deceivings the victim without the intention or ability to repay can be acknowledged by deceiving the victim and deceiving the victim of KRW 20 million.

Therefore, although the charge of the crime of fraud of this case was fully convicted, the court below rendered a verdict of not guilty on the part that the fraud of this case acquired 19 million won among the above charges by mistake of facts.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. Determination

A. (1) The summary of this part of the facts charged is that the Defendant borrowed money from the victim C, but the victim demanded joint and several guarantors due to existing debts, and the Defendant borrowed money to use the money to secure joint and several sureties in the cash consumption lending and borrowing contract deed after obtaining a certificate of his/her father’s seal impression as his/her father’s father was issued.

On April 27, 2011, at the victim's house located in Eunpyeong-gu Seoul E and fourth floor around April 10, 201, the Defendant loaned the money to the victim to purchase the rent, cooking equipment, etc. to operate the packing shop, the Defendant would give KRW 500,000 per month interest, and the principal will be repaid after three months.

Along with the purport that his/her father as a joint guarantor, he/she said that he/she would make notarial deeds.

However, the defendant did not have any intent or ability to pay money from the damaged party even if he did not have any assets, and there was no consent from D to the joint and several sureties.

Nevertheless, the defendant, who makes a false statement to the victim as above, received KRW 10 million from the victim, i.e., he was issued from the victim, i.e., he was notarized by D as a joint guarantor, and then received KRW 9 million in the same day on the same day, and received KRW 19 million in total (20 million in the original charge of fraud as stated in the facts charged).