The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal - the defendant, who is a factual error, acquired the damaged funds from the victim without any intent or ability to pay the principal and profits even if he/she receives money under the pretext of investment funds for collecting private stones as stated in the facts charged

2. Determination:

A. The lower court determined that: (a) the Defendant invested the money indicated in the facts charged, as stated in the facts charged, in return for the investment of the amount to be used for the construction cost of the factory site of Ulsan-si, Seoul-si; (b) the Defendant actually performed the construction work of the factory site of (ju) D; (c) the Defendant used the money invested by the complainant for the construction cost of the factory site of (ju) D that already occurred; and (d) it appears that the complainant knew that the money invested by him was used for the construction cost of the factory site of (ju) D that is located in the south-gu, Ulsan-si; and (e) it is difficult to conclude that the collection of tin was impossible solely for the above C site; and (vi) it appears that there was a lack of evidence to acknowledge that there was a lack of profit from the supply of tin at the time of the above C site; and (v) it appears that there was a lack of evidence to acknowledge that there was a lack of supply of tin to the Defendant.

B. The judgment of the political party was found to have been convicted of the criminal facts that had obtained money from other persons with regard to the collection of celebs in this case, and even according to the defendant's assertion, the complainant transfers the instant site to other persons without any contact.