The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal filed a civil lawsuit that the injured party shall return the money recorded in the facts charged against the accused to unjust gains (hereinafter “the civil lawsuit of this case”) and the accused was sentenced to the judgment in favor of the victim that the above defendant would pay the above money to the injured party. In the civil lawsuit of this case, the defendant claimed that the injured party's insurance premium paid in lieu of the insurance company was its own insurance and the cancellation of the above insurance was not an unjust gain, but the above argument was not accepted, but support was not supported. The insurance premium that the defendant returned to the injured party is inconsistent with the insurance premium that the injured party was actually paid in the insurance company, and the defendant returned the insurance premium of this case to the injured party, and submitted the account details while submitting the account details. However, according to the account contents, according to the above account contents, the insurance contract of this case had been continuously deposited by the injured party, and even after the insurance contract was concluded, the insurance premium of this case was refunded to the injured party, and the defendant's actual cancellation of the insurance contract of this case cannot be trust.

However, the lower court rendered a not-guilty verdict on the facts charged of this case. In so determining, the lower court erred by misapprehending the facts.

2. According to the records of the instant case, even before the prosecutor’s conclusion of the instant insurance contract, the Defendant continued to pay a considerable amount of money to the victim continuously, and the victim acquired the instant insurance from the Defendant even after November 2011.