The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the Prosecutor, the Defendant, even though he did not have the intent or ability to return the investment money by carrying out business, such as natural gas, oil, parking lots, etc. in Russia, can sufficiently recognize the fact that the Defendant, by deceiving the complainant, received a sum of KRW 230 million in the name of the investment money in Russia business, and acquired it by deception.

Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.

2. Examining the evidence duly adopted and examined by the court below in light of the records, the court below's decision that the defendant was innocent on the ground that the evidence of this case alone, based on the determination of evidence as stated in the judgment of the court below, is doubtful as to whether the defendant deceivings the victim as stated in the facts charged and delivered a sum of KRW 230 million to the victim as investment deposit, is justified, and there was no submission of new evidence corresponding to the facts charged in this case at the court below, and therefore, it does not seem that there was an error of law by misunderstanding the facts as alleged by the prosecutor, which affected the conclusion of the judgment.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.