The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, according to the summary of the reasons for appeal, the FF is recognized to have been aware of the fact that the Defendant believed the horses of the Defendant and received investments in G and delivered them to the Defendant without the intention of defraudation, and it is recognized that the Defendant was deceiving the victim through F and acquired the investment money.

However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as it rendered not guilty as to the fraud of this case.

Even if the instant crime was committed jointly by the Defendant and F, the Defendant’s act constitutes an indirect principal offender or a single principal offender in fraud, which is the reduced fact.

Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine, thereby affecting the conclusion.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is a person running a limited partnership C (hereinafter “C”) with the main purpose of collecting aggregate.

On November 2012, the Defendant could impose money on the victim G by investing money in the “E” office located in Daegu City, Daegu City, through F that he knows the fact. As such, the Defendant made a false statement to the effect that 130 million won was invested.

However, the Defendant was trying to make an investment in the aggregate extraction project due to the lack of financial pressure due to the difficulties in the operation of C, and was trying to raise C operational funds, such as monthly salary of employees, and even if receiving investment funds from the victim, the Defendant did not have the intent or ability to pay the profits therefrom.

The Defendant received the Defendant’s transfer of KRW 70 million, around December 10, 2012, to the Agricultural Cooperative under F’s name, for investment in aggregate extraction projects, of KRW 65 million on December 21, 201, and KRW 135 million on around December 21, 201, and KRW 135 million in total, to the Agricultural Cooperative under F’s name.

In this respect, the defendant deceivings the victim through F that he knew of the fact, thereby deceiving the property.

(b).