The prosecutor's appeal is dismissed.

1. According to the summary of the grounds of appeal by K and J each statement, even though the defendant could fully recognize the fact that he/she deceiving K without the intention or ability to obtain the approval or permission of the I business and acquired money, the court below erred by finding the defendant not guilty.

2. Determination

A. The Defendant asserts that he borrowed KRW 50 million from K, not K, due to lack of operational funds, etc., and that J provided a loan from K to himself, so that K may carry out its business well, and that K did not deceiving it.

In that sense, K and J have paid 50 million won to the defendant for the purpose of the street funds.

In addition, the defendant consistently stated that he has received money from K as a business expense in addition to the above KRW 50 million, and that it is difficult to obtain the same merely as a business expense, and as seen thereafter, the defendant testified that there is no motive to make a statement in favor of the defendant in particular, and that he has made an overall favorable testimony to the defendant even though there is no motive to make a statement favorable to the defendant.

N in relation to the volume of money, it is known in the investigative agency and the court of the court below that the defendant received money from the investigative agency and the court of the court below for expenses related to the I Authorization and Permission.

In light of the statement, the defendant's assertion that the amount of KRW 50 million received by the defendant is merely borrowed from J is difficult to believe it as it is.

B. However, according to the evidence duly adopted and examined by the court below, the following circumstances are acknowledged.

(1) K shall establish a plan for the establishment of a logistics center by reclaiming public waters, which is a company it operates, and in order to be designated as an industrial complex development business operator, K shall have a beer wideer through P and J while displaying a person who will suffer damage to related institutions, such as H and the national land and seawater, in order to obtain designation as a distribution center.

The defendant known to him.