All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not deceiving the victim as stated in the facts charged.

Even if the defendant had accused the victim as stated in the facts charged,

Even if the conviction of the victim's F cable performance is not caused by the defendant's deception, but due to the end of the person who recommended the above product, so it is nothing more than attempted because there is no causation.

B. The sentence (one year of imprisonment with prison labor for four months and one year of suspended execution) of the Prosecutor’s original decision is too uneased and unreasonable.

2. Determination

A. 1) In general, the defendant's assertion of mistake of facts is not sufficient in the publicity and advertisement of goods, which is accompanied by a mere exaggeration or falsity, in light of the general commercial transaction practices and the good faith principle. However, in a case where specific facts are falsely notified as to important matters in transaction in a manner to the extent that they can be criticized in light of the transaction's duty in good faith, it constitutes a deception of fraud beyond the limit of false advertisement (see, e.g., Supreme Court Decisions 91Do294, Sept. 14, 1992; 92Da52665, Aug. 13, 1993; 2001Do5789, Feb. 5, 2002). In light of the above legal principles, in light of the above legal principles, it is reasonable for the court below to reject the defendant's appeal in detail by properly adopting the evidence and its reasoning.

The following facts and circumstances revealed in the judgment of the court below based on the records, i.e., ① the facts that the defendant made the same speech as the facts constituting an offense, are acknowledged by the defendant's statement during the investigation process, the victim's consistent assertion, the J's statement in investigation agency, the contents of the Kakaok conversation between the defendant and the victim, and ② the recommendation of the branch.