The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) (1) although the Defendant received a large amount of money from a large number of persons at the time of the occurrence of the case but failed to repay it, and did not fully mention the victim's obligations other than the O, other than the Defendant's obligations. In light of the fact that the victim was aware of the economic situation of the Defendant, it would have been likely that he would not have invested KRW 500 million if he did not make an investment, it can be recognized that the Defendant deceptions the Defendant's own ability to repay, and even if the Plaintiff assumed that all commercial buildings were sold within 2 months after the approval of the sale on March 15, 2007 and the payment is made in full, the sales contract amount is about KRW 1.6 billion even if the Defendant did not receive the payment in advance from a large number of the victims, in light of the fact that the Defendant did not have to pay KRW 1 billion from the initial business plan to D. 28 July 2007 and did not have any problem in the Defendant's progress with the project plan or progress.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case on the grounds that it is difficult to recognize the criminal intent of deception and deception.