The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The Defendants recognized the uncertainty of the public fee credit card receipt agency business and received the down payment from the victims, and therefore, the Defendants had the intent of deceiving the victims.

In addition, since the Defendants did not have the ability to return the down payment to the victims at the time of concluding the contract with the victims, it is recognized that the Defendants, who entered into the contract with the victims and received the down payment

Nevertheless, the judgment of the court below that acquitted the Defendants of the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

The summary of the facts charged is the president of the Gwangju Secretariat of Co., Ltd. (hereinafter referred to as “E”), and the defendant B is the inside director of the E.

The Defendants, along with E’s actual operator, promoted a public charge receipt agency business with the content that if a credit card holder pays public charges at a credit card merchant by credit card, the credit card company will receive fees from the credit card company and distribute such profits to the credit card merchant.

On September 29, 201, the Defendants explained the victim H and I about the credit card receipt agency business in the Gwangju metropolitan office located in the 3rd floor of Gwangju-gu, Gwangju-gu, Gwangju-gu, with an explanation about the credit card receipt agency business, and stated that “The Defendants would supply the device to the franchise store from December 201 to conduct the business and pay KRW 100 to the regional business operators per settlement case. If the Defendants invest KRW 100,000,000, it would provide the regional business right in Gwangju-gu, Gwangju-gu, and if the business is not implemented within six months, the Defendants would return KRW 100,000,000 within two months if the request for the return of the down payment is made.”

In E, however, the development of the program, which is the initial stage of the public fee collection business, is limited to the request for development, and it is related to the Ministry of Public Administration and Security and credit card companies for vicarious collection of public charges.