All appeals filed by the prosecutor against the Defendants are dismissed.

1. The lower court rendered a judgment of conviction as to the fraud listed in paragraph (1) of the facts charged against Defendant A, and rendered a judgment of acquittal as to the fraud listed in paragraph (1) of the facts charged against Defendant B and the fraud listed in paragraph (2) of the facts charged against the Defendants.

Since the prosecutor appealeds from the judgment of the court below only on the ground of mistake of facts, the part of the judgment of the court below which was not appealed by the prosecutor was separated and finalized.

Therefore, the scope of this court's adjudication is limited to the acquittal.

2. Summary of the grounds for appeal;

A. The fraud described in paragraph (1) of the facts charged against Defendant B is consistently stated in collusion with Defendant B that Defendant A borrowed this part of the money from the victim. In full view of the fact that Defendant A and B used the borrowed money for living expenses, etc. together with Defendant A and B, and the details of account transaction in the name of Defendant B, consistent with the statement, Defendant B conspired with Defendant A in collusion with the victim.

Nevertheless, since the court below acquitted this part of the facts charged, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Comprehensively taking account of the following facts: (a) the fraud described in paragraph (2) of the facts charged against the Defendants in the indictment against Defendant C corresponds to the victim’s statement; (b) the Defendants’ personal relations between Defendant A and Defendant B, occupation of Defendant B, and whether to file a divorce lawsuit, etc., the Defendants conspired to deception the victim.

Nevertheless, since the court below acquitted this part of the facts charged, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

3. Determination

(a) there is a new objective reason that might affect the formation of a conviction in the course of the review by the appellate court of the applicable law.