All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Although there was no fact that the Defendant by deceptioned the victims of the instant facts, the lower court convicted all of the instant facts charged. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. 1) Determination as to the Defendant’s assertion of mistake of facts refers to all affirmative and passive acts that have a fiduciary duty and good faith to each other in dealing with property transactions. The essence of fraud is to acquire property or pecuniary benefits by deception and to cause property damage to the other party in reality. Thus, it does not require the other party to do so. In general, it does not require a certain exaggeration or false representation in the propaganda of goods or advertisements, as long as it is possible to be recognized in light of general commercial practices and good faith. However, if the specific facts about important matters in trading are falsely notified to the extent of being subject to criticism in light of the fiduciary duty in the transaction, it constitutes deception of fraud beyond the limit of exaggerated advertisement (see, e.g., Supreme Court Decisions 201Do5789, Feb. 5, 2002; 2008Do6549, Oct. 23, 2008). 2008, the lower court rejected the lower court’s determination as to the Defendant’s assertion in detail as to the evidence.