All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant had the intent and ability to normally proceed with the drama “D” secondary performance, and did not deceiving G, and the lower court found the Defendant guilty of the instant charges by misunderstanding the fact that he did not have any intent to deception.

B. The Prosecutor’s sentence of the lower court (exemption from punishment) is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the Defendant’s assertion of mistake of facts, namely, the Defendant: (a) opened the first public performance of drama “D” (hereinafter “the first public performance”); (b) had been in arrears with the copyright or rent; (c) the Defendant did not notify the victim E Co., Ltd. of the foregoing fact; and (d) had talked about the fact that there was rather profit; and (c) the victim knew that profits occurred from the first public performance of this case, and was aware that C and D “D” (hereinafter “the second public performance of this case”) were to jointly hold the production cost of KRW 60 million with the victim; (d) the victim did not use the second public performance and rent of the second public performance of this case as the copyright and rent of the performance hall; and (e) the Defendant did not use the second public performance and rent of KRW 30 million with the Defendant for the second public performance of this case; and (e) the Defendant did not use the money for the second public performance and rent of KRW 000,000,000,00,00,00,0,0,00.