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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below which found the defendant not guilty, even though the defendant's bid with F, G, and H and deception are recognized, there is an error of law by misunderstanding the facts and misunderstanding the legal principles as to joint principal offenders.
2. The lower court determined as follows.
Around June 13, 2015, when the defendant mentioned a specific person, such as O, from the victim K and M on behalf of the victim, and expressed that there was a connection to negotiate in order to secure the right to supply a graphic cosmetic. The victims paid money to F, etc., but it is recognized that the victims received money of at least KRW 50 million from H, in full view of all the circumstances acknowledged by taking into account evidence and the statements of related persons, there is doubt as to whether the defendant demanded money from the victims in collusion with F, G, and H to receive the right to supply the cosmetic (or deposit) as stated in the facts charged. It is sufficiently possible that the victims did not recognize that the victims actually deposited money into the LB account under the same name, and the defendant actually made efforts to attract some of the victims to secure the right to supply the cosmetic of the Pacific Pacific company.
Therefore, although the expression directly mentioned by the defendant to K, etc. can be somewhat exaggerated, it is difficult to evaluate that the expression alone is an intent to acquire money from the victims in light of social norms.
When examining the evidence of this case and the reasoning of the court below, the judgment of the court below which acquitted the defendant for the above reasons is just and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.