The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below found the defendant guilty of the facts charged in this case, although it could sufficiently recognize the fact that the defendant acquired money from the victims with the intent to commit a crime by deceit, which is erroneous in the misapprehension of facts.

2. The summary of the facts charged in the instant case was sentenced to 12 years of imprisonment with prison labor for murder, etc. by the Gwangju High Court on May 1, 2014

7. 10. The above judgment becomes final and conclusive and is currently being executed.

The defendant is a person who operated an entertainment center in the name of "G" on the first floor of Seo-gu F in Gwangju, Seo-gu.

A. On April 10, 2012, the Defendant: (a) around April 10, 2012, the victim H is required to operate operating expenses for operating amusement establishments.

It was said that the payment will be made two months after the loan of money.

However, in fact, the defendant was a person with a chronic bad credit standing and was bearing excessive interest, and there was no intention or ability to repay the loan even if he borrowed money from the victim who was unable to pay the rent of the building and the employee's wages.

Accordingly, the Defendant, as seen above, by deceiving the victim as above, received a total of KRW 106,360,000 from October 13, 2012 from the victim, to October 13, 2012.

2) On October 12, 2012, the Defendant told the victim H through I to “afford to lend money to pay taxes urgently” at the said entertainment point.

However, in fact, the defendant was a person with a chronic bad credit standing and was bearing excessive interest, and there was no intention or ability to repay the loan even if he borrowed money from the victim who was unable to pay the rent of the building and the employee's wages.

Accordingly, the defendant deceivings the victim as above and thereby is the victim.