The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the victim would give 1% of the equity interest when implementing the E-market reconstruction project in the future, and if it was well known that the operating expenses of the Promotion Committee of the E-market Reconstruction project are not adequate, the victim would not lend the above amount if he had known that the possibility of implementing the said reconstruction project is imminent.

At the time, the company did not obtain the approval of the promotion committee and the authorization to establish the E-market reconstruction project, and C had already been closed on December 31, 2015, and thus the possibility of implementing the said reconstruction project was very rare. Nevertheless, the defendant deceivings the victim that he would give his share on the premise of the implementation of the project without the consent of the victim.

Therefore, it should be recognized that the defendant is guilty of deceiving the victim as stated in the facts charged by deceiving the victim and deceiving the money in name of the borrowed money.

Nevertheless, the court below acquitted the defendant, and there is an error of misunderstanding of facts.

2. The lower court found the Defendant not guilty on the ground that the victim expectations the return of investment in the E market reconstruction project under his own decision and lends the expenses, etc., and during that process, the Defendant actively accessed the victim and cannot be deemed to have requested the borrowing of money while gathering the success of the reconstruction project.

Comprehensively taking account of the evidence duly adopted and examined by the court below, the above determination by the court below is just and acceptable, and there is no other illegality as alleged by the prosecutor.

Therefore, the prosecutor's above assertion of mistake is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.