The prosecutor's appeal is dismissed.

1. In full view of the following facts: (a) the Defendant did not carry out duties necessary for the transfer of the status of his/her employee (or the representative of his/her branch) or modification of the articles of incorporation; (b) the Defendant could not be entrusted with the operation of a child-care center that the complainant intended for the purposes of the articles of incorporation; and (c) the modification of the articles of incorporation is not possible; (d)

Nevertheless, the lower court acquitted the Defendant of the facts charged.

2. As to the facts charged that the defendant deceivings D, which is the complainant, and defrauds 10 million won, the court below acquitted the complainant on the grounds that it is insufficient to conclude that the defendant had no intention or ability to transfer the status of the representative of the incorporated association E, and that there is no other evidence to acknowledge it, in full view of the following: (i) if the articles of incorporation or the rules do not allow the transfer of the status of the incorporated association, it is possible to obtain the status of an officer or representative by means of the general meeting and the board of directors resolution; (ii) the complainant recognizes this fact; and (iii) the purpose of the incorporated association under the Civil Act is only non-profit and it is difficult to conclude that the child-care center business was for profit-making business or the operation of the incorporated association could be carried out for profit-making business or for non-profit business; and (ii) the part concerning

Even according to all evidence submitted by the prosecutor at the original trial as stated in the facts charged, it is difficult to recognize that the defendant deceivings the complainant by means such as the statement in the facts charged, and there is no other evidence to acknowledge it.

Therefore, this case.