The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the fact that the Defendants deceptioned the victim and acquired 500 million won as investment funds can be acknowledged.

Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The lower court found the Defendants not guilty of the instant facts charged on the grounds that the evidence, such as the victim and K’s respective statements and copies of investment agreement, consistent with the facts charged in the instant case, is insufficient to acknowledge the fact that the Defendants acquired the investment money by deceiving the victim, and that there is no other evidence to acknowledge it.

Examining the evidence duly admitted by the court below in light of the records, the above judgment of the court below is just, and there is no error of misconception of facts and affecting the conclusion of the judgment.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.