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

1. According to the evidence submitted by the prosecutor, the defendants committed a fraudulent crime as stated in the facts charged in the instant case. Thus, the judgment of the court below which acquitted the defendants, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. In full view of the detailed circumstances as stated in its reasoning, the lower court: (a) based on the evidence presented by the prosecutor, the Defendants committed deception to the extent that the crime of fraud was established; and (b) thereby, invested by the victim

For the reason that it cannot be readily concluded, the Defendants acquitted the Defendants.

In full view of the following circumstances revealed in light of the evidence duly adopted and investigated by the court below and the court below, the above judgment of the court below is just and acceptable, and there is no violation of law of misunderstanding of facts as alleged by the prosecutor.

The prosecutor's assertion is without merit.

B. At the time when the victim delivered investment funds to the company of this case, the company of this case actually conducted facility investment in the company of this case (the value of the machinery in the loan comparison table increased from about 19 million won on December 31, 2009 to about 350 million won on December 31, 2010). The company of this case did not have a substantial business of the company of this case, such as the occurrence of sales while trading with Samsung Electronic, etc.

It is difficult to readily conclude.

In addition, it is difficult for the instant company to exclude the probability that it was a company operating the business by so-called bening, and it is reasonable that the investment in the company is likely to cause a high expectation return or a high risk of failure. Therefore, the investment in this case is naturally accompanied by the risk of failure.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so ordered as per Disposition.