All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the grounds for appeal: The Defendants, misunderstanding the facts, acquired a total of KRW 25 million from the injured party, under the pretext that the commission for the issuance of the payment guarantee at the NongHydong branch of the Nonghyup Bank was paid.

Although the court below rendered a not-guilty verdict against the Defendants, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. In full view of the following circumstances and the records revealed by the court below, the evidence submitted by the prosecutor alone was proved to the extent that there is no reasonable doubt that the Defendants, by deceiving the victim and deceiving the victim of money by means of false remarks as stated in the facts charged in the instant case.

The lower court’s determination that it is difficult to see is justifiable, and it did not err by misapprehending the facts as alleged by the prosecutor.

① At the lower court, the victim stated to the effect that “I heard about the purpose and method of investment when I first recommended to make an investment from the Defendants, but could not have been sufficiently examined,” and that “I am more than I am to this farcing machine loaning KRW 3 billion.”

As long as the victim collects his investment and profits, it seems that there was no significant fact whether the victim and K pay the funds to the bank for the issuance of a letter of guarantee for payment or the payment of the funds to the bank for the discount of the letter of guarantee for payment.

② The Defendants were issued by the NongHyup Bank a certificate of guarantee to be paid in the name of a construction company the F director of which was a director and attempted to raise money at a discount from the J of the financing owner. The Defendants seem to have failed to pay money to the victims due to the failure to obtain a certificate of guarantee

With respect to the issuance of a written guarantee for payment, the F shall not be related to the discount of the written guarantee for payment.