The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

According to the evidence submitted by the prosecutor, it can be recognized that the defendant deceivings the victim as stated in the facts charged of this case and acquires money.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

2. Determination

A. A. Around January 21, 2010, the Defendant stated that “A corporation located in Ulsan-gun B (hereinafter “C”) in the office of Ulsan-gun, Ulsan-gun, Inc. (hereinafter “C”), “D had a golf practice range construction work be conducted in Ulsan-gun E., Ulsan-gun. A restaurant is operated on construction site, and if the amount of KRW 20 million is paid, the Defendant would allow D to operate the restaurant within one month.”

However, the above E construction site did not have the intention or ability to operate the restaurant within one month even if it was impossible to operate the restaurant within one month from the beginning even though it was impossible to operate the restaurant itself due to the relationship which was caused by seizure, etc. on the site from the beginning.

Ultimately, the Defendant, as above, by deceiving D as above, received KRW 20 million from D on January 21, 2010 and KRW 17 million on February 11, 2010.

B. The lower court determined that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant acquired money from the victim through deception, such as the instant facts charged, in light of the following circumstances acknowledged by the evidence adopted by the lower court.

① D states that “A restaurant operator will be granted KRW 20 million on one month.” However, in relation to the instant construction site restaurant contract, the written contract that appears to have been drafted around January 21, 2010 and around February 11, 2010, shall be deemed to have been written respectively, in addition to “the contract period shall be two years after the restaurant is opened.”