The prosecutor's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

1. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal: The establishment of the Medical Care Center in this case is likely to be realized in full view of the defendant's financial power at the time when the defendant mistakenly borrowed money from the damaged party, the background of raising the land purchase fund, the progress of the construction, etc.

It is difficult to see it.

Nevertheless, the crime of fraud can be recognized because the defendant deceivings the victim that he should be released from auction for the construction work of the medical center.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The summary of the facts charged in the instant case is that the Defendant seeks to build a senior medical care center on the land of approximately 30,000 square meters in the area of F, G, H, and I at the D Attorney-at-Law Office located in Seocho-gu Seoul Metropolitan Government at the end of March 2009.

For the construction, the surety insurance policy is issued from the Korea Credit Guarantee Fund to 10 billion won, and it is expected to enter 10 billion won as the construction fund after the third month.

However, it is necessary to get back 600 million won by entering the auction of the party, which is to be repaid after the three months of the loan.

“A false representation was made.”

However, the Defendant, without any personal funds, purchased only the above land by lending money from other persons, such as J, K and L, and there was no intention or ability to carry out construction works for the above medical care center cost of ten billion won for the lack of the construction funds. Moreover, there was no circumstance to raise the construction funds within three months since the Korea Credit Guarantee Fund was actually issued with the surety insurance policy.

On April 3, 2009, the Defendant, by deceiving the victim and deceiving the victim, received 165,000,000 won from the victim as the borrowed money from the victim, from the victim, from the time on July 27, 2009, such as the check and cash delivery.