The prosecutor's appeal is dismissed.

1. The Defendant is a person who actually runs a corporation C (hereinafter “C”) that promoted a project to transfer school site B (hereinafter “instant project”) at the time he was aware of the facts charged in the instant case.

On July 28, 2010, the Defendant stated to the effect that “the Defendant shall lend KRW 3 million to the Defendant, as soon as possible, the maximum amount to the Defendant at the G Construction Office for the Management of the Victim F of the Songpa-gu Seoul Metropolitan Government Dtel Ethtel.”

However, at the time of fact, the Defendant was unable to pay C office rents and employees’ benefits as expected to run the instant business, and there was no other property, and even if the Defendant borrowed money from the victim due to no certain income, there was no intention or ability to pay the money in time.

Nevertheless, the Defendant made a false statement to the victim and received KRW 3 million from the victim’s account in the name of the Defendant on the same day.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

2. The judgment of the court below is based on the following: (a) the court below explained the specific facts and circumstances in the 2nd 15th to 3th 21th 21th , and in light of this, the evidence submitted by the prosecutor alone was not sufficient to prove that the defendant deceivings the victim as stated in the above facts charged, and thereby deceiving the victim and deceiving the victim of 3 million won, and that the defendant was not guilty of the defendant.

3. According to the evidence submitted by the prosecutor, according to the summary of the grounds for appeal (the fact-finding) and the evidence of the prosecutor, it is recognized that the defendant deceivings the victim as stated in the above facts charged, and then acquired 3 million won from the victim.

4. Examining the evidence duly adopted and examined by the court below (the prosecutor did not submit or apply additional evidence in the trial) and records, the above facts and circumstances of the court below are examined.