The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the defendant's partial statements at the prosecutor's office, victim E and witness G, H, P, L's statements, and each of the following circumstances that may be known by the above evidence; (b) the defendant establishes the victim I (hereinafter "I") in Indonesia; (c) uses the transferred partner's funds for the operation of I without the victim; (d) the victim's explicit opposing intent was supplied with N andO; (c) the victim had the intent to absorb the fys with N andO; (d) the victim did not notify the victim of the above facts while requesting the victim's staff P to assist in the victim's business; and (e) the victim invested more than KRW 100 million in money; and (e) the defendant was guilty of receiving money from the victim as a partner's money.

Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is a person who had been engaged in food import and sales business while working for ten years in D, etc., and the victim E is a person who has been engaged in tobacco sales business, which is an implied raw material.

around September 201, the Defendant, while engaging in the same industry, proposed that the victim was experienced in food import, etc., but the lack of funds, thereby establishing a company operating the fish processing plant by leasing a tobacco manufacturing plant of F (F) “F (F)” (hereinafter “F”) located in Indonesia, and that the victim would be able to make profits by manufacturing tobacco in a foreign country and supplying it to the Republic of Korea.

The defendant;