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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal cannot be readily concluded that the defendant had reached a fixed point at the time of joining the instant fraternity and that there was a large number of debts at the time of joining the instant fraternity, and that the defendant was convicted of the charge of deceiving money from F on October 2012 and around December 2012, in light of various circumstances, such as the fact that the defendant subscribed to the instant fraternity and was found to have no intention or ability to pay the fraternity money at the time of receiving each fraternity money, and even if the victim E recommended the defendant to join the instant fraternity, he would faithfully pay the fraternity money in consideration of the fact that the defendant would be able to faithfully pay the fraternity money and would not deny the criminal intent of defraudation by deceiving E as stated in the facts charged, the court below erred in the misapprehension of facts, even though it is erroneous in the misapprehension of facts.
2. Determination
A. The summary of the facts charged in the instant case is difficult to operate a restaurant, and there is no other property or income, and thus, even if the Defendant received an order of priority after being admitted as a fraternity, he did not have any intent or ability to pay the time limit money until the fraternity ends.
(1) On April 25, 2012, the Defendant joined the “D” restaurant operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) with the victim E’s share of KRW 20 million and KRW 21,000,000,000 as the victim E’s share of the 21 unit number system, and paid KRW 3,00,000,000,000,000 for the total amount of the accounts paid on April 2, 2012 and May 2, 2012.
On June 25, 2012, the Defendant, at the same place as above, was exempted from the Defendant’s existing liability to the victim with the amount of KRW 20,000,000,000 among them, and was issued KRW 10,000 upon receipt of the remainder of KRW 10,000.