The prosecutor's appeal is dismissed.

1. In full view of the circumstances and the evidence submitted by the prosecutor, including the fact that the main agent of the grounds for appeal is anticipated not to pay the paid-in capital properly, but the granting the paid-in capital by the sequence of the number system is contrary to the empirical rule, and that it goes against the empirical rule, it can be acknowledged that the Defendant deceivings the victim who is the main agent, such as the facts charged, and thereby deceiving the money.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Judgment on the grounds for appeal

A. The summary of the facts charged in the instant case is a member of the number fraternity operated by the victim D, who had been a main owner of the household located in the Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dongdong, for about 10 years, and even if the defendant had a duty to receive the fraternity, he/she was obligated to pay the fraternity normally and operate it, he/she would have no intent or ability to pay the fraternity normally, even if he/she was actually admitted to the number fraternity due to a large amount of income, and even if he/she was actually admitted to the number fraternity, he/she received 50,000 won from another person through the husband's debt, and then, he/she received 1,500,000 won from the victim's actual trust and received the remaining KRW 1,500,000 won from the husband's actual debt, and then transferred it to the defendant's remaining account by receiving KRW 1,5005,0050,000.

B. The lower court’s judgment based on the evidence reveals the following: (a) the Defendant, while gambling, borrowed money from D; (b) the number fraternity operated by D around 2010 or around 2011 (hereinafter “1 number system”).