The prosecutor's appeal is dismissed.

1. Summary of the facts charged in this case

A. The Defendant, the representative director of the Company B (hereinafter “B”), was willing to invite investment for the business of acquiring and selling B’s patent rights of the Lane engine (hereinafter “instant business”), while operating the said Company with the representative director C of the Company D (hereinafter “D”).

B. On July 4, 2006, from around December 26, 2007 to around December 26, 2007, the Defendant, along with C and D’s directors and directors, issued a certificate of stock storage as if it issued stocks equivalent to the investment deposit (stock subscription price) if it invested in the instant business promoted by B and D, and issued stocks corresponding to the investment deposit (stock subscription price) to the victim F, etc., although the Defendant did not have any intent or ability to produce profits by manufacturing and selling half-yearly engines developed by the German company (hereinafter “G”), even though he did not have any intent or ability to create profits.

C. On July 4, 2006, the Defendant: (a) conspired with C, by deceiving the victims as above; (b) received KRW 20,000,000 as the share subscription price with a real nature of investment money; and (c) received KRW 11,875,31,000 in total from the victims through the same method until December 26, 2007; and (d) obtained KRW 11,875,31,000 in total from the victims through the same method until December 26, 2007.

2. The lower court determined that the instant facts charged are insufficient to recognize that the Defendant conspiredd to commit fraud by operating D along with C with the evidence submitted by the prosecutor on the following grounds to the extent that there is no reasonable doubt for deliberation. A.

The facts charged of this case are as follows: B as well as C.