The prosecutor's appeal is dismissed.

1. Defendant A of the facts charged of the instant case is an leisure facility operated by K (the trade name before the modification: V corporation; hereinafter “stock company” is omitted in the name of the company) with a large leisure facility with a swimming pool, pent, spathy, rest area, etc. located in U in Yangju-si around December 2007, which is operated by Defendant A of the instant case with the actual representative director.

After being first aware of the Victim L which had been operated for about 10 years, the victim was approaching the victim with the knowledge that the elderly victim had a person to purchase the above J at a reasonable price due to health problems. Since August 2008, the defendant B was introduced to the victim for 30 years as a trend, and the defendant B was the victim as the chairperson of the Oconstruction in Busan and was willing to take over the above J at 30 billion won.

On December 3, 2008, the Defendants showed that Defendant B was sufficient to have the victim take over the above J and that Defendant B would have the victim believe the Defendants, and that Defendant B would provide the victim with a shipping vehicle located in Busan and a construction site near P market in order to have the victim believe the Defendants. Defendant B would manage the funds of O construction. The Defendants stated that “B would purchase the J operated by the victim with the purchase price of 120,000 square meters in its neighboring site and build a comprehensive leisure transport complex more than Qcon, and the victim would pay 1/3 and three billion won in the above comprehensive leisure zone by June 30, 2009, and provide the victim with a 10,000 won and driving engineer and driver per month.”

Since then, Defendant A conspired to make an investment of KRW 30 billion in money to the victim who believed the above horse in January 2009, the Defendants received J by investing 30 billion won, and if so, develop a hot spring with a greater of KRW 120,000 in the surrounding area, and take the measures.