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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is as follows: (a) even though the defendant is not aware of the impossibility of implementing the agreement to guarantee the principal of the subsidy and to pay earnings to the victim because it is impossible for the defendant to realize the activation work of underground funds, it is not possible to do so, the court below erred by mistake of facts that found the defendant not guilty of the crime
2. Determination
A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that it is difficult to readily conclude that the Defendant acquired money by deceiving the victim as stated in the facts charged with the criminal intent by deceiving the victim, solely based on the evidence submitted by the prosecutor.
1) First, the Defendant, along with the victim, was deemed to bear part of the Defendant’s loan fee of KRW 3 billion for a loan of KRW 3 billion to receive a loan from the bond company for the loan from the bond company, by promoting the “work for fostering underground funds” (in fact, the Defendant, etc. received a loan of KRW 3 billion from the registered bond company that was introduced by the victim around June 18, 2013. A loan of KRW 30 million was paid as KRW 20 million from G, KRW 30 million raised by the victim, KRW 5 million raised by the victim, etc.
(A) At the time, the Defendant, C, G, and the victim, who had been inter-school in the middle school, are referred to “I” as “I” to arrange the “training work of underground funds.”
3) The Defendant et al., at the time of the joint implementation of the above work as he was harsh at the end, decided to distribute the profits equally (the Defendant et al.).
(2) Of that four persons, it is difficult to readily conclude that only the Defendant was aware that only “on the ground fund-raising work” was a business establishment of the Gu. 2) Of the crime sight table, the money paid to G (on the first order), namely, money (hereinafter referred to as “on the ground fund-raising work”), which the Defendant promoted, return to the failure.