The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although the court below found the defendant guilty of the facts charged in this case that the defendant conspireds with H and deceiving the victim and obtained 300 million won from the victim, the court below erred by misconceptioning the defendant of the facts charged.

Judgment

The Defendant in collusion with H on May 15, 2013, the facts charged in the instant case stated that “a 300 million won is lent to the victim E by May 30, 2013, the victim shall be provided as collateral with the second floor of the J-cafeteria located in Seocho-gu Seoul Metropolitan Government.” However, the Defendant did not have any equity interest in the second floor of the J-cafeteria, which is offered as collateral, and even if he borrowed the above money from the said victim, the Defendant did not have any intent or ability to repay it.

Nevertheless, the Defendant received KRW 300 million from L located in Gangnam-gu Seoul, Seoul, through H, as the borrowed money, from the above victim, and acquired it by fraud in collusion with H.

Judgment

The court below found the defendant not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act on the ground that there is a lack of reasonable doubt as to the above facts charged and there is no other evidence to recognize it. The court below's decision is legitimate to have judged the defendant not guilty of the facts charged in this case on the grounds that it is reasonable in light of the evidence and records duly adopted and duly adopted by the court below, and it is reasonable to find the court below not guilty of the facts charged in this case on the grounds that it is consistent with the facts charged in this case, such as E and H's testimony and the police that " even if 300 million won were to have no intent or ability to repay them, even if 30 million won were to have been lent from E," and there is no reason to believe that the prosecutor's argument is erroneous

The conclusion is.