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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts), the Defendant would pay the time limit money to the victim without the basis, if the Defendant pays the money to the victim.
Although it is recognized that the money was acquired by fraud, the lower court found the Defendant not guilty of the facts charged of this case due to the misunderstanding of facts.
2. Determination
A. The summary of the facts charged is that the Defendant organized the sequence (13 days and 5 days) that pays 30 million won for each of the 13-day fraternitys by the sequences (2,8,11, 12, 12, 17, 24, and 25) by consisting of 26 old units around July 13, 201 and April 5, 201, each around 13 and 1.2 million won for each of the 1.2 million won for each of the 13-day calendars. The victim C joins the said 13-day calendars Nos. 3,6,8,18,18,20,24, and 26. The victim is a member of each of the 5-day calendars.
During the operation of each of the above sequences, the Defendant made a false statement to the effect that “The Defendant would continue to pay the time limit money without a molding the victim according to the sequence between the 13-day fraternity and the 5-day fraternity.”
However, in fact, while the Defendant did not have any particular income or property, the Defendant did not have an intention or ability to pay the time limit money according to the No. 15 in fact, such as failure to pay the time limit money of KRW 30 million to the time limit No. 15 in August 2012 due to the failure to receive the monthly payment from the time limit members, while the Defendant did not have an individual obligation of KRW 100,000,000,000,000 from the time limit No. 130,000.
Nevertheless, as above, Defendant 1 made a false statement to the victim from August 2012 to May 2013, 2013, the sum of KRW 24 million as the monthly payment Nos. 24 and 25 of the said 13-day fraternity between the victim and the victim, and the sum of KRW 48 million as the monthly payment Nos. 18, 20,24 and 26 of the said 5-day fraternity as the sum of KRW 48 million as the monthly payment No. 18,26.
The person received the payment and acquired it.