The prosecutor's appeal is dismissed.

1. Comprehensively considering the evidence submitted by the prosecutor of the gist of the grounds for appeal, the Defendant operating a stock company C may fully recognize the fact that, at the time of the appeal, the Defendant received KRW 200 million from the victim as a deposit money and acquired by deception, by receiving the payment of KRW 300 million from the victim to the victim L, notwithstanding the low sales performance of the screen riding machine pool (hereinafter “instant sports machine”).

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. The judgment of the court below and the court below acknowledged the following circumstances based on the evidence duly admitted and investigated by the court below, i.e., ① it is difficult to see that the sports organization of this case has a special defect in its function as a normal product with a patent; ② other buyers, including the victim, supplied with the sports organization of this case, such as F, etc., were sufficiently examined in advance and independently decided on the feasibility of the sports organization of this case; and subsequently, it appears that the Defendant entered into the sales contract of this case, etc., and it is difficult to see that the victim, etc. entered into the sales contract of this case due to false or exaggerated explanation on the order quantity and profitability of the sports organization of this case; ③ The victim, who has conflict between the Defendant and the victim, filed a lawsuit against the Defendant for the return of the deposit money of the sports organization of this case, and the Defendant tried to decide whether to return the contract deposit of this case according to the result of the lawsuit, and the