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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In other words, the Defendant was paid KRW 30 million from D when he directly produced G music records and made a congluence in the process of producing them. At the time, the Defendant did not have the ability to manufacture music records or make a congluence in the process of producing them.
Therefore, the judgment of the court below which acquitted the defendant even though the defendant's intent of deception and deception was fully recognized, is erroneous in the misapprehension of the facts which affected the conclusion of the judgment.
B. Although Article 2 of the Addenda to the Popular Culture and Arts Industry Development Act (amended by the Presidential Decree No. 2010, Oct. 1, 2014) should be interpreted as "only those who registered within one year after the enforcement date of the Act and meet the requirements under the Act shall be deemed to have been registered after the enforcement date of the Act," the judgment of the court below which acquitted the Defendant on this part of the facts charged solely on the ground that the Defendant discontinued the operation of F on July 29, 2014.
2. Determination
A. According to each evidence duly adopted and examined in the lower court and the trial on the assertion of mistake of facts (Fraud part) the following facts may be acknowledged. In full view of the following facts, the Defendant, through I, is deemed to have had the intent or ability to bring the victim’s his/her married G to a bed group by August 2014. (A) The I was a person operating the H “H”, and a person who recruited a bed group practice from around July 8, 2013 to prepare for the sound records, etc. by soliciting a bed group practice from around July 8, 2014, with the aim of a preparation for a preparation for a preparation for the sound records, etc.
B. I asked the defendant to use a practice room of "F" which the defendant was in operation as a result of the failure to properly seek practice room.
Ultimately, the Defendant, on January 201, provides the F with the practice room and the office of “F”, when I comprehensively manages the boom group.