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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is consistent from the police stage to the original court’s court, and consistently stated the instant money as the borrowed money; although C received a certificate of stock custody, it was obtained as a security instead of the borrowed money; I stated the instant money as the borrowed money to C when C receives money from the Defendant in 2009 and 2010; H’s statement is without credibility; and H’s statement is not reliable; even if the money was given as investment money, E was unable to make spot investment and capital increase with the listed company due to the aggravation of the financial situation at the time of investment; thus, even if it was given as investment money, E could not be returned even if it was received from C, the lower court found the Defendant not guilty of the facts charged of this case.
2. According to the records, the following facts can be acknowledged.
(1) C shall not receive the money from the defendant four times or more and receive the E share certificates and certificates of custody of share certificates corresponding to each of the money, and shall not receive a loan certificate.
② Some of the instant money was transferred directly to a deposit account in the name of F, which was a fund management director.
③ At the time of the instant case, G was stated by the police that it disposed of 3,800 shares of E owned by it to C through the mediation of the Defendant.
④ At the time of the instant case, H was directly visiting the E company at the time of the lower court’s trial to hear the introduction of the company, investment explanation, etc. from the E company and invested in E, and it stated that it was delivered to C with the issuance of share certificates and certificates of stock custody from E as the amount invested by C.
⑤ Although I stated in the court below that the instant money is not an investment loan, I stated that it is well known that the instant money is an investment loan or loan loan.
In full view of these circumstances, the defendant raised objection.