The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the F’s statement of the person who suffers from misunderstanding of facts, the Defendant is recognized to have forged an application for new establishment of a Handphone and an agreement for the sale and purchase of a device in the name of the said victim at the agency (hereinafter “K”) around November 201, in the name of the said victim, and exercised such agreement to the said agency’s employees, and obtained a delivery of Handphones equivalent to KRW 1,435,000 from the victim’s case and acquired a fraudulent amount of telecommunications services by fraud until April 24, 2012.

Nevertheless, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

B. The sentence of the lower court (eight months of imprisonment, two years of suspended execution) is deemed to be too uneasy and unfair.

2. Determination

A. The lower court determined as to the assertion of mistake of facts, on the grounds the following grounds: (a) the Defendant consistently asserted that the Defendant applied for the Handphone instead of the victim F’s request; (b) the content of the victim F’s statement on whether the Defendant applied for the Handphone instead of the Handphone is inconsistent; and (c) the Defendant reversed the statement on the grounds that the Defendant paid the charge for the Handphone opened by the Defendant; (b) the evidence submitted by the prosecutor alone, by forging each written application for the establishment of a new Handphone in the name of the Defendant without the victim F’s permission; and (c) the fact that the Defendant received the Handphone and received the communication service by receiving the Handphone from the victim case without the victim F’s permission, was proven to the extent that there is no reasonable doubt.

It is difficult to see

Based on the judgment of the court, the facts charged were acquitted.

The following circumstances found by the evidence duly adopted and examined by the court below, that is, this part of the facts charged, is the forgery and display of a private document in the process of using the case handphone in the victim F name.