The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The Defendants did not have any ability and intent to return KRW 100,00,000, which was received from the victim, if the Defendants were not able to contribute to the ship line with the promise of the victim, and had no capacity and intent to return the said ship to the victim. Accordingly, according to the evidence submitted by the Prosecutor, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found the Defendants guilty of the facts charged in this case.

Judgment

Defendant A and B of the facts charged in the instant case are the co-representative directors of Dlama Business Chain Co., Ltd. (hereinafter “G”), and Defendant C is the director of H in the Dlama Business chain Co., Ltd.

On March 23, 2011, at G’s office located in the third floor of the Gangnam-gu Seoul International Building, the Defendants told the victim J to produce “K” from July 201 to G. In return for the contribution of the Party to “L” in the role of “L”. If the Defendants were to make contributions for reasons such as the production of the drama, they would return KRW 100 million.”

However, as “K” did not have a final and conclusive state of broadcasting, there was a possibility of production due to the circumstances on the part of the broadcasting station at any time. At the time G was insufficient in operating expenses of the office. However, even if the Defendants were to use money from the victim for personal purposes, the Defendants did not have the intent or ability to contribute the victim to the role of “K” as well as the victim did not have any intent or ability to return KRW 100 million to the victim if the contribution was not made.

As above, the Defendants received a false statement and received KRW 50 million from the victim to the Defendant A’s account on March 25, 201, and transferred KRW 50 million to the same account on April 20, 201.

Accordingly, the Defendants are the defendants.