The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the grounds for appeal, the defendant, without any particular authority, introduced himself as a transfer to Dong Asia-Pacific Department of the "U.S.F" pumps without any authority, could sufficiently be recognized that the defendant, by deceiving the victim to induce investment through the above pumps, received money from the victim, such as law firm expenses, investment attraction deposit, and down payment, and the victim received a letter from I, J, etc. to compensate for damages caused by the termination of the contract from the above pumps, and then filed a criminal complaint late later by the defendant, can be sufficiently found guilty of the facts charged in the instant case.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which acquitted the Defendant of the facts charged.

2. Determination

A. On May 201, the summary of the facts charged in the instant case stated that the Defendant, at the office of the (State) C, operated by the victim E in Ansan-gu, Seocho-si, the Defendant would transfer “B” to the Defendant’s office in charge of the Asia-Pacific Asia-Pacific Department. In the company run by the Party, the Defendant would attract investment from the said U.S. P. P. P. law firm for the project funds necessary for the development of Cambodia’s 40,000 through 50,000 won (50,000 won).

However, the defendant did not move the above Frop to the East Asia Pacific department, and even if there was no consultation with the above Lrop, even though it was not confirmed whether the above Frop could attract the investment, the defendant would make it possible for the victim to normally attract the amount equivalent to the above business funds, such as arbitrary preparation of an agreement investment contract stating that "within 90 days from the contract date and the remaining funds will be paid to the victim within 150 days from the contract date."