The prosecutor's appeal is dismissed.

1. According to the consistent statement of the victim and witness G’s testimony of the gist of the grounds for appeal, the fact that the defendant deceivings the victim as stated in the facts charged, thereby deceiving 4.5 million won can be fully recognized.

Nevertheless, the lower court acquitted the Defendant on the ground that there was no proof of criminal facts.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant may impose money on the victim from “E” operated by the victim D of the victim D in the Yesan-gu Seoul Special Metropolitan City of Seocho-gu in early 2014, for a period of up to a hundred million won when he produces Mastooto.

If 4.5 million won is invested, 10-20% of the shares in the gathering site of marina sand will be paid.

“A false statement to the effect that it is “,” indicating the written consent of residents and the written application for permission for development activities related to the said project.

However, the Defendant was in a state in which it was unable to collect marina sand in the forest above without obtaining permission from the Si of Jung-Eup, and the Defendant was unable to provide sufficient funds for the above business because there was no other property and no certain income. The aforementioned documents presented by the Defendant were fabricated, and even if the Defendant received the above investment money from the injured party, the Defendant was in a state in which the principal of the investment and the profits therefrom were entirely incapable of paying.

On January 20, 2014, the Defendant received 4.5 million won from the injured party to the former North Bank account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

B. On the grounds stated in its reasoning, the lower court determined the lower court and the party deliberation by deceiving the victim as stated in the facts charged by the only evidence submitted by the prosecutor.

Considering that it cannot be determined as a person, the charges were acquitted.

Examining the evidence duly adopted and examined by the court below in light of the record, the court below specifically decided.