The prosecutor's appeal is dismissed.

1. On June 8, 2015, the summary of the facts charged, the Defendant, at the office D Co., Ltd., Ltd., Sinpo-si, Sinpo-si, Sinpo-si, stating that “In order to make golfization with the use of golfization products, the monthly sales of one month made more than KRW 150,000,000 and more than KRW 200,000,000,000, the Defendant would make golfization with the loan of the necessary money so that he/she would have repaid it.”

However, at the time of fact, the defendant had a debt equivalent to KRW 300 million and was operated by the defendant.

D was in a state of fitness, and it was impossible to make a golfization due to the lack of parts to make golfization, and there was no transaction partner who ordered golfization, and thus there was no intention or ability to repay the above money even if it was borrowed from the injured party.

As such, the Defendant, by deceiving the victim as such, received money from the victim on August 24, 2015, from the victim for the purpose of borrowing KRW 40 million, KRW 10 million on October 20, 2015, and KRW 10 million on October 21, 2015, respectively.

2. The lower court’s judgment: (a) it is recognized that the Defendant stated to the effect that he would be able to bring about a full-time golf-making type and a full-time sales among the victims; (b) D was supplied by the Defendant as a major business of producing and withdrawing gold-type, which was acquired around October 2014, to various business entities, such as SPS Co., Ltd.; and (c) consultation on the development of gold-type, which was conducted with her descendants, etc. as of the end of 2014; (b) as of the end of 2014, D’s assets were KRW 467,98,85,850; (c) KRW 323,934,742; (d) net income per quarter was KRW 124,054; (e) KRW 1,187,831,465 won; (e) KRW 83,514,585 won; and (e) KRW 20447,29485 billion per quarter; and net income per quarter.