The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the fact that the defendant deceivings the victim as stated in the facts charged of this case and acquired money can be fully recognized.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. On June 2012, the summary of the facts charged by the Defendant is to purchase money from F in the office of G Co., Ltd. (hereinafter “G”) operated by F in Daegu-gu, Daegu-gu (hereinafter “G”) to F in the office of G (hereinafter “G”), because the Defendant had engaged in the original wholesale business, and had 4 billion won annual sales since there was a large number of customers, thereby making a purchase of money with the original money deposited, and if the Defendant lent the credit card money, he will repay it with his business.

The phrase “ makes a false statement.”

However, there is no fact that the defendant at that time operated a original supply store of KRW 4 billion annually, and the financial situation is difficult due to bad credit standing.

Even if the price was paid as above, it was thought that it was used for living expenses or personal debt repayment, and there was no intention or ability to purchase original equipment.

On August 27, 2012, the Defendant, by deceiving F, received 3,50,000 won from the damaged person to the single bank account under the name of the Defendant, and acquired it by fraud, etc. from around that time to July 26, 2013, by obtaining a total of 30,90,000 won from five times, as shown in the attached crime list in the judgment of the lower court.

B. 1) The lower court, based on its stated reasoning, acquitted the F of the facts charged on the grounds that it is difficult to believe that the F’s statement in the lower court’s court court and the investigative agency that conform to the facts charged in the instant case is not sufficient to find the Defendant guilty of the facts charged.

2) A thorough examination of the judgment of the court below in light of the records of this case is justifiable.