The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The court below held that the defendant did not have the intent to obtain money from the defendant, inasmuch as the defendant received KRW 1.2 billion from the name of the operating fund when it delivered it to the victim, since the defendant was well aware of the above circumstances as the operator of the company, it is improper that the court below determined that the defendant did not have the same intent.

The lower court determined based on the evidence adopted and examined as follows: (a) the financial statements for the settlement of accounts of E Co., Ltd. (hereinafter “E Co., Ltd.”) in 2010 (hereinafter “instant financial statements for the settlement of accounts”) are merely reference materials for the possibility of a difference between the financial statements prepared by accounting audit or corporate office; (b) the accounting auditor G of E Co., Ltd. who audited E Co., Ltd. stated that the materials for the settlement of accounts are not reliable and reliable; and (c) the E Co., Ltd and C Co. (hereinafter “C”) are 5% or more of the amount presented for the difference between the amount on the account book and the amount on the account book. The average value of each E Co., Ltd. (hereinafter “E Co., Ltd.”) shall be at least 5% of the amount presented for the settlement of accounts; and (d) the possibility of the settlement of accounts, including the data for the settlement of accounts, to be entered into 20% or more of the amount of claims at the time of the settlement of accounts.”