The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is that the defendant was unable to clearly state his/her opinion on the operation of the rehabilitation room, and it seems that the rehabilitation room was not operated. Even if the rehabilitation room was operated, there is no reason to transfer the right to operate the rehabilitation room to the victim who is only one of the investors, and thus, the defendant would transfer the rehabilitation room to receive the investment money from the damaged party.

In light of the fact that it is reasonable to see that it was false, and it is very difficult to pay 10% of the monthly investment money as profits in light of the empirical rule, and the fact that the defendant would have received the investment money from investors, including the victim, and paid the money in the form of profit in the form of return, etc., the criminal intent of deception and deception of the defendant can be fully recognized.

Nevertheless, the judgment of the court below that acquitted the defendant on the facts charged of this case is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this case is a foreigner of Chinese nationality.

On November 15, 2012, the Defendant would pay interest at 10% per month to the Victim F (F, 49 years old, and Chinese nationality) who is his wife in Gwangju-si around November 15, 2012 by investing money in the rehabilitation room.

In addition, a false statement was made that it would transfer some of the lottery tickets operated in the last time.

However, in fact, the Defendant was making an investment in the illegal rehabilitation room without permission through a brobeer whose name is unknown, so even if the Defendant borrowed money from the injured party, there was no intention or ability to legally pay high interest or to legally accept the right to operate the lottery room.

The Defendant, as such, deceiving the victim and deceiving the victim, on November 20, 2012.