The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding the facts) is that the Defendant would receive money from the victim C under the pretext that he would allow the persons related to the Ethical Islands and the Slick to enter the store at this place. However, the facts did not have any intention or ability to store the victim, and therefore, the Defendant is recognized to commit the crime of defraudation and deception.

Therefore, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. On November 2010, the Defendant made a false statement to the victim C (the remaining, the age of 37 years at the time) on the first floor of the 1st century, which was located in Songpa-gu Seoul Olympic Games, 240, and the Defendant made a false statement to the effect that “The contract would reduce the cost of introduction, introduction, and operating expenses so that the store store occupants may be located on the side of the 1st century, on March 3rd, 201.”

However, the above D stores had already been occupied by E stores, and the Defendant did not have any discussion about the plan to occupy the said stores, and there was no clear plan to have the victim visit the said stores. The above stores were opened by the sports store and the annual member center around March 2012 in the 1999, and the Defendant did not have any intent or ability to allow the victim to occupy the said stores, even if he received money from the victim for the purpose of introducing funds, such as the commission fee.

Nevertheless, the Defendant, as such, could be said to have received KRW 10 million from November 18, 201 to a bank account (G) with the F name of the F in terms of introduction expenses, etc., as well as to have received KRW 10 million from that time until December 13, 201, which was written in the indictment, from that time until December 13, 2011, appears to have been written in writing on July 1, 201.

The judgment of the court below received a total of KRW 65 million on three occasions, such as the list of crimes in the annexed sheet of crimes.

Accordingly, the defendant was given property by deceiving others.

B. The lower court’s judgment is erroneous.