The prosecutor's appeal is dismissed.

The application for compensation of this case is dismissed.

1. According to the evidence submitted by the prosecutor, although the defendant did not have the intent or ability to return the principal and profits of the victim C's investment, he could fully recognize the fact that he had fraudulently acquired 100 million won of investment by deceiving the victim, the court below found the defendant not guilty of the primary charges of this case, which affected the conclusion of the judgment by misunderstanding the facts

2. In light of the records, a thorough examination of the evidence duly adopted and examined by the court below as to the reasons for appeal by the prosecutor, the court below is justified in finding the defendant not guilty of the primary facts of this case for the reasons stated in its holding, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment, as otherwise alleged by the prosecutor.

subsection (b) of this section.

Therefore, the prosecutor's above assertion is without merit.

3. Article 32(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits as to Compensation Application for Compensation provides that “where an application for compensation is unlawful, an application for compensation shall be dismissed by decision,” and Article 32(4) of the same Act provides that “An applicant cannot file the same application for compensation again because he/she has not filed an objection against the judgment dismissing the application for compensation or accepting the part thereof,” and Article 26(1) of the same Act provides that “A victim may file an application for compensation with the court in which the case is pending until the closure of pleadings at the court of first instance or the court of second instance.”

According to the health records and records of this case, the applicant filed an application for compensation at the court below. The court below found the Defendant guilty of the ancillary facts charged, and sentenced two years of suspended execution and 120 hours of community service order to six months, and dismissed the above application for compensation. The prosecutor appealed against the judgment of the court below, and the applicant for compensation is in the court below.