The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant conceals circumstances leading the victim to heavy debt burden and falsely speaks that the victim is a stable business of high-income to commit deception, but the court of first instance acquitted the defendant without making any judgment on this part. The judgment of the court of first instance is erroneous in the misapprehension of facts and thereby adversely affecting the conclusion of the judgment.

2. Determination:

A. The summary of the judgment of the court of first instance is as follows: (i) the Defendant appears to have delivered all the money received from H and K as shown in the List of Crimes (1) and (2) as indicated in the judgment of the court of first instance; and (ii) the Defendant’s criminal intent to commit a crime in connection with the facts charged in this case should be premised on the fact that the Defendant was aware that the airline ticket purchase business under D was false at the time of receiving money from H and K. However, even if the Defendant’s text messages exchanged with D after November 201 were examined, it appears that the Defendant was unaware that the airline ticket purchase business was false; (ii) considering that the Defendant did not pay the Defendant an agreed fee to the Defendant from December 2, 201 to the end of February 2, 2012, considering that there was the same appearance as the actual profits from the airline ticket purchase business, the Defendant could have considered that there was a small amount of money transaction other than H and the Defendant’s personal profit to the Defendant’s account.

Therefore, the account transactions are only carried out.