The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the fact that the defendant, even if he was supplied with the source of aluminium from the injured party at the time, could be recognized by deceiving the injured party and by deceiving the original source of aluminium even though it was less likely to pay the cost.

2. The lower court’s judgment 1) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the prosecutor, the evidence alone submitted by the prosecutor was the criminal intent of deception or deception.

It is difficult to conclude it.

The decision was determined.

(1) A person who actively induces a victim to be aware of attracting investment.

There is no reason to view.

② On November 4, 2014, the Defendant, as a promise, prepared and sent to the victim a fair certificate of lending and borrowing of money.

③ The Defendant Company E (hereinafter referred to as “E”) ordered valves from I, etc. to manufacture and supply all products as source of Aluminium supplied by the injured party.

④ The victim was doing business in the middle of 2013, and around August 2014, the victim seems to have been aware of the management situation and risks faced by the Defendant Company, such as making half of the claims hot water due to the aggravation of management of E.

2) Fraud of fraud is established by deceiving another person to make a mistake by deceiving him/her, and by obtaining property or pecuniary advantage by inducing a dispositive act. Therefore, fraud ought to be established between deception, mistake, and disposal of property.

In addition, the determination of which act constitutes a deception that causes mistake to others, and whether such deception and the disposal of property are related to the person should be made generally and objectively in consideration of the transaction status, the other party's knowledge, character, experience, occupation, and other specific circumstances at the time of the act.

Therefore, the property of the victim.