The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

In light of the circumstances where the victim revoked a complaint after the agreement with the defendant, or where the victim made an investment through D and there is a possibility that the victim would be unaware of the contents of the defendant's solicitation, the victim's statement that does not fit the facts charged of this case is not reliable, while considering the fact that the defendant and G were to receive money from the victim after seeking the operation of the name store of this case, and that the defendant was involved in the operation of the name store of this case by raising the initial fund such as rent or issuing a letter of credit for the import of goods, the consistent statement of D, consistent with the facts charged of this case, has credibility, so the defendant could sufficiently recognize the fact that the defendant deceivings the victim through D through collusion with G, thereby deceiving it.

Nevertheless, the judgment of the court below which acquitted the defendant on the facts charged of this case is erroneous in misconception of facts and misapprehension of legal principles.

Judgment

According to the records, the court below held that the defendant was involved in the operation of the instant famous store due to the preparation of initial funds, such as rent for the instant famous store, or the establishment of a credit for the import of goods, etc. However, the following circumstances acknowledged by the records: (a) the victim's legal statement at the court below stating that "the defendant was aware of the explanation about the operation of the instant famous store from G and D, and the defendant did not participate in the instant scenic business only in introducing G; and (b) the victim's legal statement at the court below merely asserted that the victim was fully responsible for the defendant even during the investigation process before preparing a letter of performance of the transfer of the land under the name of the defendant's debt repayment and withdrawing a complaint against the defendant; and (c) consistently stated that the remaining payment except the remittance No. 1 listed in the attached Table 1 of the court below was invested by hearing the explanation of D.