The prosecutor's appeal is dismissed.

1. The summary of grounds for appeal;

A. 2016 Highest 2057: The Defendant received the investment money without notifying the victims of this case of the objective situation of G points, whether to exempt the rents, and the grounds for calculating the expected return on investment, and thus a deception is recognized.

B. 2017 Highest 830: Comprehensively taking account of the evidence submitted by the prosecutor, the Defendant had no intent to use the instant investment money for the purpose of investment, and as such, there was a low probability of actual profit-making, so the Defendant’s intent to commit the crime of defraudation is recognized.

2. Determination

A. In a case where the defendant denies the criminal intent of defraudation, such objective circumstances as the financial power, environment, details and contents of the crime, and the execution process of transaction, etc. of the defendant before and after the crime should be determined by taking into account. The conviction should be based on evidence with probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is a doubt about the defendant's guilt, the interest of the defendant should be determined even if there is a doubt about the defendant's guilt, and this also applies to the recognition of the criminal intent, a subjective element in

B. The lower court acquitted all of the facts charged of the instant case while clearly explaining the grounds for its determination.

(c)

Examining the evidence duly adopted and examined by the lower court and the first instance court in light of the record, the evidence submitted by the prosecutor alone to the extent that each of the facts charged in this case is beyond reasonable doubt.

Therefore, the judgment of the court below that acquitted all of the facts charged of this case does not err in the misapprehension of facts as alleged by the public prosecutor.

3. The appeal by the prosecutor of the conclusion is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.