All appeals filed by the prosecutor against the Defendants are dismissed.

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, it can be sufficiently recognized that the Defendants, as it is clear that the J Co., Ltd. (hereinafter “J”) would receive an electrical and telecommunications (U-C) establishment project (hereinafter “U-C”) from the victims, deceiving victims to receive money from the victims as business support funds.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous in the misapprehension of legal principles.

2. Determination

A. In full view of the following circumstances, the lower court determined that: (a) based on the consideration of the following circumstances, it was unclear whether the victims, the representative of the company, are entitled to receive the business establishment project; (b) based on the estimation of the project prospects, etc.; and (c) anticipated that the I and J would receive the subcontract for the project in the future; and (d) provided the business support expenses by themselves, with the expectation that the victims, the representative of the company, may receive the subcontract for the project.

The decision was determined.

In addition, considering that the act of granting business support funds in the same industry can be seen as a voice practice, the Defendants committed deception such as the facts charged.

It is difficult to readily conclude that this case’s charges were acquitted on the grounds that there is no other evidence to acknowledge it.

① At the time of the preparation of the self-project agreement on August 25, 2010 (hereinafter referred to as “the first agreement”) and the self-project agreement on October 21, 2010 (hereinafter referred to as “the second agreement”), I and J were in an uncertain state as to whether it is possible for I and J to receive a contract for the re-project.

② The main content of the 2 Convention is that the I and J are obliged to actively cooperate with M Co., Ltd. (hereinafter referred to as “M”) in order to facilitate the initial progress of the project, on condition that I and J success in the contract for the establishment of a flexible project. M is obliged to provide business support for the smooth progress of the project (the amount and place of use of the business support fund and the case where the agreement is not possible).