The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts) is sufficiently recognized by the court below based on the evidence duly adopted and investigated by the court below, stating that the defendant would pay KRW 100 million to the victim if he/she acquires the management right of the D Co., Ltd. (hereinafter “D”).

2. Determination

A. The summary of the facts charged in the instant case is the representative director of D and the victim E is the shareholder holding 10,000 shares under the name of the Defendant.

On May 18, 2011, the Defendant made a false statement to the effect that “The Defendant would pay KRW 100 million to the victim when he/she transferred the overall management rights, such as D’s stocks and stores, at the office of the Agricultural and Fishery Products Corporation located in Dong-gu, Dong-si, Dong-si, 136, 90.”

However, at the time, the defendant did not have any intention or ability to pay KRW 100 million to the victim even if he received the management right from the victim because there was no particular income or property.

Nevertheless, the Defendant received from the injured party a share of 10,00 shares in the name of the Defendant on the same day, 10,00 shares in the name of the injured party’s wife F, and D’s store located in the H market located in the Guri-si, Guri-si.

After all, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 100 million.

B. The lower court determined that the damaged person transferred the management right with stocks and D, which belongs to the Defendant’s deception.

Rather, it is difficult to see that the Defendant was acquitted on the ground that the instant facts confirmation, process certificate, and letter appear to have been prepared for the recovery of investment funds in D or the victim’s wife F’s joint and several liability guarantee, etc.

(c)

In light of the following circumstances recognized by the evidence duly adopted and investigated by the court below, the victim is not a victim, but a victim is himself/herself, in view of the following circumstances.