The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, although the defendant could recognize the fact that the defendant deceivings the victim as shown in the facts charged and acquired 150 million won from the victim, the court below found the defendant not guilty, the court below erred by misapprehending the facts.

2. Around June 2017, the Defendant stated that “The Defendant would obtain net profits of KRW 12,000,000 per month, while running a business of transporting sea water and transporting sea water in possession of three tank truck, and the business value is KRW 700,000,000,000,000,000,000 won per month, and if investing KRW 200,000,000,000,000,000,000 won per month, 25% of the shares in the partnership and pay the profits of KRW 2,50,000 per month.”

However, the Defendant, from around 2014 to around 2016, paid a total of KRW 190 million for the purchase price of three of the above cargo vehicles by borrowing three of the three cargo vehicles from former wife C or borrowing from financial institutions. Around June 2017, the Defendant was unable to pay approximately KRW 150 million among them, and one of them was a vehicle with a total of at least 10 years old, and one of them was impossible to operate on August 2018, and there was no ground to evaluate the business value as KRW 120 million, as claimed by the Defendant, and there was no intention to pay KRW 150 million for the above 200 million in arrears even if it was in the state of business closure, and there was no intention to pay KRW 150 million in arrears.

Nevertheless, the defendant deceivings the victim as above and belongs to it from the victim on 2017.