The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In full view of the following facts: at the time when the Defendant received the bill from the victim, the Defendant was not 200 million won at the time of the receipt of the bill, and was unable to discount the bill by the due date and time agreed upon by the receipt of the bill under the circumstance that the target of the bill was not influence; and W’s statement made at the investigative agency (the purport that the Defendant was issued the bill for settlement by the delivery of the paint) was found guilty of the charge of fraud against the victim B, the lower court erred by misapprehending the fact that the Defendant was guilty, thereby adversely affecting the conclusion of the judgment.

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) The summary of the facts charged in this case is that the defendant issued an electronic bill with a face value of KRW 600,000,000 from V Co., Ltd. under the pretext of discount of the bill and without ability to do so, and acquired pecuniary benefits of KRW 28,800,000,000 from his own discretion using the electronic bill with a face value of KRW 28,000,000. However, in the facts charged in this case, the defendant's deception was in the absence of intent and ability to discount the bill, and thereby, the victim committed an act of disposing of the electronic bill with a face value of KRW 600,000,000,000,000,000,000,000,000 won, and thus, the crime of fraud is established immediately after the defendant received KRW 60,000,00,000,000.

On the other hand, the defendant does not intend to acquire it.