The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) is the borrowed money that the victim delivered to the defendant (hereinafter “the instant money”). Even if the nature of the said money is of investment, the victim is reliance on the principal return agreement.

The defendant acquired the money of this case by deceiving the victim even though he did not have the intent or ability to perform the principal return agreement at the time when he received the money of this case, or did not have the intent or ability to perform the principal return agreement at the time of the contract. The judgment of the court of first instance which acquitted the defendant of the facts charged of this case is erroneous in the misunderstanding of facts

2. Determination

A. According to the evidence duly adopted and examined by the first instance court, the judgment of the first instance court is that the Defendants received KRW 140 million from the victim as stated in the facts charged in the instant case, but it is found that the Defendants received KRW 140 million from the victim, i.e., the following facts and circumstances acknowledged by the aforementioned evidence: (a) Defendant A was practically holding domestic and foreign patents and trademark rights; (b) Defendant A acquired Company G on December 22, 201, and subsequently promoted overseas expansion projects for ASEAN; (c) in fact, there was a specific discussion about the manufacture and sale of ASEAN in Thailand, Malaysia, and China at the time of the occurrence of the instant case; and (b) Defendant B promoted the overseas expansion project of ASEAN with Defendant A from the beginning of February 2012 to the point of time; (d) the lack of aviation charges, office expenses, and operating expenses of ASEAN’s overseas expansion projects; and (e) the victim explained such circumstances to the victim; and (d) the victim knew that it was difficult at the time of the instant financial situation.