The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant did not intend to deposit KRW 30 million from the victim to C Co., Ltd. (hereinafter “instant company”), which is a multi-level marketing business entity; (b) even if deposited and sold with water purifiers, etc. received from the instant company, the Defendant did not intend to repay the above money to the victim with the payment; and (c) even if the Defendant did not have any property and did not have any intent or ability to repay the said money within two months, he could be found to have taken the money by deceiving the victim as stated in the facts charged; and (d) therefore, the lower court acquitted the Defendant

2. Determination

A. The lower court, based on the evidence duly adopted and examined, found the following circumstances: (i) the victim’s class phase of the instant company is comprised of: ① the victim’s “the class phase of the instant company is 9 million won or more at one time to be sold from the general members; (ii) the amount of allowances to be paid to the members under the supervision of the members would be equal to those of the Defendant; and (iii) the amount of ordinary allowances would be paid when the members are purchased from the company. In addition, the number of members under the supervision of the Plaintiff were paid when the members were purchased from the company. To become the team leader, the number of members under the control of the Plaintiff was nearly the same structure. In order to become the team leader, at least two to three persons may be promoted as the team leader. When the Defendant was first lent money to the Defendant, the Defendant and the F.O. at the time of the second lending to the team leader, and the Defendant and the victim did not appear to be the victim’s name at the time of the purchase.”