The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles) the defendant's business situation before and after the crime was committed by evidence submitted by the prosecutor, the contents of the crime, the process of transaction, and the defendant's ability to legally bring in the name of goods purchased from abroad.

It is difficult to see it.

Therefore, even though the defendant can fully recognize the fact of deceiving the victim by deceiving the victim, there is no criminal intent or deception of the defendant.

The judgment of the court below is erroneous in the misapprehension of legal principles as to fraud.

2. The summary of the facts charged is that even if the Defendant received money from D, he/she does not have the ability or intent to legally bring in goods, such as clothing, etc., purchased or purchased by wholesale from a foreign country, in the Republic of Korea, from the car page located in the Southern-gu Incheon Metropolitan City, Southern-gu, Incheon, on October 2014 to D through international special postal delivery services (Ems) and legally bring them into Korea and sell them at stores.

On the face of the business fund, by the end of December, 2014, the business fund will be sold and divided into half of the profits.

“A false statement” was received from D, from November 5, 2014 to June 16 of the same month, a sum of KRW 223,15,500 as indicated in the list of crimes in the attached Table of the lower judgment.

3. Determination

A. In full view of the following circumstances acknowledged by the record, the lower court determined that the Defendant was sufficiently proven to the extent that there was no reasonable doubt that the Defendant had no intention or ability to lawfully bring in the European goods purchased from D at the time of receiving investment funds or loans from D, to the extent that there was no reasonable doubt.

It is difficult to see that deception was proven without reasonable doubt.

judged to be insufficient to view.