The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal by the prosecutor is as follows: in full view of the victim D and E's statements and written agreements, it is recognized that the defendant acquired money from the victims, and even if not, it is recognized that the defendant embezzled money against the victim's entrusted intent, the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. The summary of the facts charged in this case is as follows.

A. On September 21, 2012, the Defendant, as the primary charge (the fraud charge), sold goods within two months and paid KRW 50 million to the victim D and E with the purchase price of KRW 50 million for male clothes 70,000,000.

If it is not sold, it will be paid in KRW 65 million even if it is not sold.

“False speech” was made.

However, the defendant did not have the intent or ability to pay the victims the principal amount of KRW 50 million and the profit of KRW 15 million because he/she sold the uniforms within two months, even though he/she did not own the debt of KRW 20 million at the time, on the other hand, because he/she did not have any property owned by him/her, and received KRW 50 million from the victims.

Nevertheless, on September 21, 2012, the Defendant received KRW 50 million from the victims.

As a result, the defendant had received money by deceiving the victims.

B. The Defendant was invested in KRW 50 million as the purchase price for the male clothes in the above logistics warehouse from the victim D and E around September 21, 2012 at the logistics warehouse located in the Hanam-siF around September 21, 2012.

While the defendant kept the above money for the victims as the purchase price for male clothes, he shall deliver 10 million won to the victims D as the payment for national revenues, and he shall use at will the total of 20 million won for the expenses such as the transfer cost for logistics warehouses and personnel expenses.