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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the court below acquitted the Defendant of the facts charged in this case, although the Defendant could sufficiently recognize the fact by deceiving H in collusion with B, thereby deceiving H, which is a sum of 65 million won, and the court below acquitted the Defendant of the facts charged.
2. Determination
A. When the prosecutor of the Amendments to Bill of Indictment made the judgment below not guilty, the charges of this case were charged as the primary charges, added the following ancillary charges, and applied for the amendment to Bill of Indictment with the addition of "the name of the crime: fraud" and "the applicable provisions of Acts: Article 347 (1) of the Criminal Act" in the name of the crime, and "the applicable provisions of Acts: Article 347 (1)"
B. Judgment 1 as to the primary facts charged of this case ) The Defendant and B are K Co., Ltd. (hereinafter “K”), the Defendant, the actual representative of which is the main facts charged of this case.
In order to raise the operating fund, investors were induced, but the real estate in the name B was not properly secured, but the operating fund was insufficient, so I would like to obtain funds from H, which is the will of B.
Accordingly, B refers to the purport that, around April 2010, at H’s office located in Seocho-gu Seoul Metropolitan City Lbuilding 401, “A promising and beneficial business has been made. At the same time, “Iman” refers to the Defendant to the effect that “Iman is doing so. At the same time, I wish to do so,” and at the above office, from May 2010 to August 2010, I supply KB with the Defendant “IE equipment operated by the Defendant to KBS, and I have a good profits. The Defendant also has a MB driving range.” The Defendant and B moved into H’s office in the MH driving range (NF) construction site office in Seocho-si, Seoul Metropolitan City, and the Defendant and B are under the process of developing O reservoirs in the M driving range, and the farming association participating in it.