The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s appeal is as follows: (a) the Defendants urged the victim to deposit expenses from one year prior to Taekwondo model travel and received more than 4/5 of the money from the victim; (b) there was no substantial progress until now; and (c) most of the money received from the victim transferred to another bank account in the name of the Defendant B for the purpose of other business funds and living expenses; and (d) there was a criminal intent by deception to the Defendants.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in misconception of facts.

2. Determination

A. The summary of the facts charged in the instant case was found to have been used for personal purposes, such as food expenses, entertainment expenses, other pilot travel business expenses, etc. by the Defendants, and the Defendants did not make specific reservations or preparations for the demonstration event schedule or accommodation, the method of movement in the U.S., etc. even before the scheduled date of the demonstration, and the Defendants conspired with the victims E operating the “F Taekwondo hall” around August 2012, in collusion with the fact that they did not have the intent or ability to send the demonstration tour.

7. By no later than 25.25. It is intended to send the Taekwondo demonstration travel to the United States Luxembourg, Extraordinary, Ethaly.

From September 7, 2012 to May 2, 2013, the expenses were received from the victim to the account in the name of the defendant B, 3,220,000 won in total on 11 occasions under the name of all the expenses, such as the reservation of the 14 flight slip, who wishes to participate in the model tour recruited by the victim from around September 7, 2012 to around May 2, 2013.

B. The lower court, based on the contract concluded between the Defendants and E, bears the duty to pay KRW 42,50,000 to the Defendants.