The appeal by the prosecutor is dismissed.

1. The summary of the grounds for appeal (the fact-finding) is that, from the time when the Defendant organized the number fraternity as indicated in the facts charged (hereinafter “instant fraternity”), the Defendant was aware of the fact that C was subscribed to the instant fraternity together with D, the conversation between the Defendant, D, and the victim to the effect that the obligation to pay the fraternity is indivisible between the Defendant and the victim was not recorded, and the Defendant did not receive the fraternity from D during the period from August 201 to October 2012, the Defendant received from the victim one million won, which is the amount equivalent to the deposit amount in the instant fraternity from August 201, to October 2012, comprehensively taking into account the following: (a) the Defendant did not receive the fraternity from D during the period when he did not attach any specific condition to, or did not express any opposite intent to, the victim and D’s obligation to pay the fraternity to the Defendant.

The judgment of the court below which acquitted the defendant on the ground that the defendant did not have the duty to pay the accounts under the premise that the obligation to pay the accounts to the victim and D is an indivisible obligation is an indivisible obligation.

2. Determination

A. The lower court rendered a judgment that acquitted the Defendant on the following grounds.

1) In a case where several members of the mutual savings association join the mutual savings association with the mutual savings association, the content and legal nature of the mutual savings association’s obligation with the mutual savings association should be determined by comprehensively taking into account all the circumstances revealed in the process of the establishment and operation of the mutual savings association, including the motive and background leading up to the mutual savings association, the intent of the mutual savings association and the mutual savings association, the method of paying the mutual savings association fees, the person who received the mutual savings association fees, and the circumstances revealed in the process of joining and operating the mutual savings association. Accordingly, according to the evidence submitted by the prosecutor, the mutual savings association should determine whether the mutual savings association accounts for the mutual savings association members of the mutual savings association with the mutual savings association and the mutual savings association members of the mutual savings association with the mutual savings association or the mutual savings association members of the mutual savings association with the mutual savings association. 2) From August 2011 to October 2010, the mutual savings association paid KRW 1,000,00 per month to D.