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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (the factual error) and the statements by the victims and witnesses, and the account transaction details, etc., even though it is difficult to deem that the defendant paid 45 million won to the victim as a subrogation of debt, etc., the court below rendered a verdict of not guilty of the facts charged in this case by deeming that the defendant was subrogated. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
2. Determination
A. The Defendant is an owner of the number fraternity (the amount of KRW 30 million, the amount of KRW 2 million, the total amount of KRW 16,000, the amount of KRW 16; hereinafter “instant number fraternity”) composed of 13 persons, including the victim D, as a fraternity.
On January 1, 2010, the Defendant, at the Gju station operated by the Defendant in Pyeongtaek-si F, agreed to pay KRW 3 million monthly deposit amount from the victim (1.5 Guide), and to pay KRW 45 million around April 15, 201.
According to the above agreement, the Defendant received total of KRW 4672,00 from the victim from January 20, 2010 to March 15, 2011, and accordingly, the Defendant had a duty to pay KRW 45 million to the victim around April 15, 201.
However, in violation of the above duties, the Defendant did not pay an amount of money to the victim, thereby acquiring pecuniary benefits equivalent to KRW 45 million, and suffered pecuniary losses equivalent to the same amount from the victim.
B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, although the defendant received the payment of the payment from the victim and did not pay the payment of the payment, the defendant appears to have used all the payment of other obligations as agreed in advance as agreed with the victim, and the evidence submitted by the prosecutor alone is the subject of the serial system of this case and the defendant did not pay the payment to the victim, thereby acquiring the pecuniary benefits equivalent to KRW 45 million, and the victim acquired the same financial benefits.