The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The facts charged of the fraud of this case are sufficiently recognized according to the statements of the complainant D, the defendant's asset status, etc. However, since the court below acquitted the defendant of this part of the facts charged, the judgment of the court below is erroneous in the misunderstanding of facts.

B. In light of the fact that the criminal method of the defendant is inadequate and that the complainant still demands a strict punishment against the defendant, the punishment imposed by the court below on the defendant (two million won of fine) is too uneasible and unfair.

2. Determination

A. The lower court found the Defendant not guilty of this part of the charges of fraud in its detailed statement of the grounds for determination on the assertion of mistake of facts.

Examining the evidence duly adopted and examined by the court below in light of the records, the evidence alone presented by the prosecutor cannot be deemed as having been proven beyond a reasonable doubt. Thus, the court below did not err in matters of mistake of facts, as alleged by the prosecutor, in the judgment of the court below that acquitted the public prosecutor of this part

B. Although the Defendant did not agree with the victim on the assertion of unfair sentencing, considering the fact that the degree of injury to the victim of the instant case was not significant, the fact that there was no record of the same crime, and that the Defendant was sentenced to a fine in 2009 as the only crime of violation of the Road Traffic Act in the year 2009, and other various circumstances, including the motive and circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., as well as the conditions of sentencing as specified in the records and arguments, the sentence imposed by the

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.