The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. The victim of the mistake of facts (not guilty part) believed that it is necessary for the defendant to pay 30 million won premium for a child care center and already borrowed 30 million won, and paid 110 million won to the defendant. Thus, the causal relationship between the defendant's deception and the victim's disposal act is established, and even though it is difficult to see that the use of 30 million won is separated, the court below acquitted part of the judgment of the court below which acquitted the defendant on the ground that the causal relationship between the deception and the disposal act is not recognized.

B. The sentence imposed by the court below on the defendant (two years of suspended sentence in October) is too unhued and unfair.

2. Determination

A. In full view of the following: (a) the lower court determined that the Defendant’s act of deception and the victim’s act of selling KRW 30 million to the victim in excess of KRW 80,000,000,000,000, which was known by the fact of recognition, could not be deemed as a causal relationship between the act of deception and the act of selling KRW 30,000,000 to the victim, and found the Defendant not guilty of the charge of fraud regarding the remainder of KRW 30,000,000,000, excluding KRW 80,000,000,000,000.

In addition to the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, it is reasonable to view that the loan amount of KRW 30 million out of KRW 110 million on December 6, 2010 is the money paid by the victim to normalize the operation of a child care center by first using the victim's priority to repay the guaranteed debt even though the victim was aware that he/she was not able to repay the debt. The evidence submitted by the prosecutor alone is the guarantee debt at the time of the defendant.