The prosecutor's appeal is dismissed.

1. According to the summary of the grounds for appeal and H’s statement, even though it can be acknowledged that the defendant deceivings the victim and received KRW 8,843,00,00, the court below acquitted the defendant of the facts charged in this case. The court below erred by misapprehending the 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 entered into an agency contract with E Co., Ltd. (hereinafter “E”), a company producing bail block from February 7, 2007, and has engaged in the business of selling bail block.

On April 10, 2010, the Defendant stated that “The Defendant would return an agency recruitment within three months if he/she invests KRW 100 million in the office opening expenses of the office and the total amount of KRW 100 million, such as the deposit money for sales tickets, to the victim D’s office located in the F in Sungsung City.”

However, the fact is that E applied for auction on the five lots of factory sites, other than Pyeongtaek-si G, in which E created bail block on August 18, 2008, and the bid was in progress on April 5, 2010, and therefore, the agency recruitment itself is unclear, and the defendant did not have the intent and ability to return the investment money even if he received an investment from the victim.

On June 1, 2010, the Defendant received KRW 20 million from the victim as the total sales contract deposit, and KRW 25 million as the security deposit for the national total sales contract deposit on the 30th of the same month, and caused the victim to invest KRW 43,430,000 in office expenses on the 21st of the same month.

Accordingly, the defendant, by deceiving the victim, acquired economic benefits of 8,8430,000 won.

B. The lower court determined: (a) recognized the fact that the Defendant, the Victim, and H have engaged in the business of operating a national sales agency with respect to the new type of bail block through the J (hereinafter “J”) as a separate legal entity E; and (b) the victim was the first victim.