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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal;
A. Comprehensively taking account of the fact that the Defendant did not seem to have engaged in the business with the complainants, that the Defendant suffered losses while engaging in the business of collecting and selling the closed amount of money, that part of the investment amount was used individually to the complainants, and that the Defendant did not pay the profits to the complainants at all, and that the Defendant’s investment in the closed amount of money of KRW 30 million was not well-grounded in the closed amount of money of KRW 30 million, the Defendant was sufficiently recognized to have acquired money from the complainants under the pretext of the investment amount, even though he did not have the intent or ability to pay the profits accrued from the closed amount of money of KRW 30 million to the complainants.
B. In full view of the following facts: (a) the Defendant was liable for a debt such as bank loans and credit card loans at the time when he borrowed money from the complainant; (b) the Defendant borrowed money from the complainant in the absence of any other property; and (c) the Defendant immediately borrowed money and immediately left the business; and (d) the Defendant did not fully repay the principal and interest of the borrowed money to the complainant; and (b) the Defendant was sufficiently recognized to have acquired money from the complainant under the pretext of the borrowed money, even though he did not have the intent or ability to repay the borrowed money.
2. Determination
A. In light of the following facts and circumstances acknowledged by the court below relating to the fraud of KRW 30 million, along with the circumstances properly stated by the court below, it is insufficient to view that the evidence submitted by the prosecutor alone was the criminal intent and deception of the defendant against the complainant, and there is no other evidence to acknowledge otherwise.
Therefore, the judgment of the court below on this part of the facts charged is legitimate, and the prosecutor's allegation of mistake is not accepted.
1) On September 1, 2015, the Defendant received the National Bank Account (H) worth KRW 30 million.