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The prosecutor's appeal is dismissed.
Reasons
1. The court below held that the defendant's deception cannot be recognized on the ground that the victim and C consistently stated the contract of this case in the early stage of the investigation that they belong to the defendant, the confirmation document, etc. prepared by the defendant directly conforms to the above statement, and the fact that the defendant disposed of the security to be provided to the victim is objectively confirmed, etc., so even if C et al. sufficiently recognizes the fact that they belong to the victim as the actor of this case's deception, even though C et al. did not specifically state the date, time, and place of damage in this case in the past six years or more
2. Determination
A. In light of the circumstances stated in its reasoning, the lower court: (a) it is difficult to view that the Defendant made a false statement at the same time and place as indicated in the facts charged in the instant case and delivered such false statement to the victim by C; (b) it is difficult to view the subject of loan and security as the Plaintiff or the representative director thereof as the Defendant, who could not be deemed as the Plaintiff, and thus, could not be deemed as the Plaintiff. Therefore,
It was determined that it is difficult to see that the victim was deceiving the defendant about the defendant's intent to repay or his/her ability to repay.
B. We examine the circumstances indicated by the lower court on the grounds of innocence, and examine the following circumstances, which can be seen by the evidence duly examined and adopted by the lower court, the victim and C’s statement appears to lack credibility due to lack of consistency, and other evidence submitted by the prosecutor alone is insufficient to recognize the facts charged of the instant case.
In addition, since the nature of the money that the victim paid to the defendant is not clear, the possibility that the defendant thought that the above money was a sales agency fee cannot be ruled out, and the defendant will acquire the money of the victim.