The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (misunderstanding of facts) received KRW 50 million from the damaged person to the I in the name of delivering it to the I as a rain fund and acquired it by using it as his own investment money.

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

Judgment

In full view of the following circumstances acknowledged by comprehensively taking account of the evidence duly admitted and investigated, the lower court determined that the Defendant, only the evidence submitted by the Prosecutor, by deceiving the victim, received money from the Defendant.

The instant facts charged was acquitted on the ground that it is insufficient to see it and there is no other evidence to acknowledge it.

In light of the financial transaction details between the Defendant and the Plaintiff and the L-A-B (hereinafter referred to as “H”), the Defendant remitted to H the amount of KRW 64 million on May 20, 2010, KRW 100 million on June 11, 2010 (including the amount of KRW 50 million issued to the Defendant by the injured party), and KRW 25 million on June 24, 2010, respectively, and H returned the amount of KRW 30 million to the Defendant on June 14, 2010, and KRW 20 million on June 15, 2010, respectively.

If the defendant received shares and M in return for investing KRW 100 million, including KRW 50 million of the injured party as claimed by the injured party and I, it seems that there is no reason to return KRW 50 million which is half of the total amount of KRW 100 million to the defendant within 30 million and 40 million from the date of receipt of the victim's 10 million. Rather, H's assertion that only KRW 50 million borrowed from the defendant, except for KRW 50 million delivered by the injured party, was returned 30 million after 40 days is more persuasive.

On June 11, 2010, the Defendant was selected and appointed as a director of H on the same day, and received shares from H on June 16, 2010, and received shares of M around June 16, 2010. This may be viewed as security of KRW 64 million that the Defendant remitted to H on May 20, 201.