The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (public prosecutor) (1) The victim is a woman of 66 years old at the time of the crime of this case, who was deadly with her husband at the time of the crime of this case and lives in the room room located in Ulsan-gu H without any other social experience. ② The victim consistently stated that "the defendant was given an investment agreement after lending 822.4 million won to the defendant," which cannot be regarded as investment money. ③ The defendant started construction work without funds at the time of the crime of this case, and was under the circumstances where construction work can not be properly progress unless additional construction cost is secured. The defendant extended loans of 1.2 billion won to the commercial building around Jan. 2, 201 and did not complete the construction work at the time of the crime of this case, and the defendant could not be seen as being aware that there was an intention of the victim to complete the construction work at the scene and his ability to complete the construction work within the limit of 4 billion won, considering that the defendant did not have completed the construction work at the time of this case.

2. Determination

A. The summary of the facts charged is that the Defendant is the representative of G Co., Ltd. who is located in the Gyeongjin-gun F, Ulsan-gun, and around January 2010, the victim E (here, 66 years old) who lives alone without her husband knew that many real estate were owned and approaching it into an internal relationship. As the victim believed and followed the Defendant, the victim was given a loan of real estate owned by the victim as security and borrowed money from the victim as business fund.