The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the fact-finding) was as stated in the facts charged by the Defendant, by deceiving the victim and deceiving him/her, and had the Defendant intentionally committed the crime.

2. The prosecutor of the judgment is at the trial below:

As stated in paragraph (1), an application for changes in indictment was filed, and this court permitted it, and the subject of the adjudication was changed.

Therefore, as to the prosecutor's assertion, we will look at the prosecutor's argument on the premise that the indictment was modified as above.

Around October 2013, the revised charges stated to the effect that “The principal will be refunded by paying interest equivalent to 120% of the principal and interest after three or four days from the loan of money to the victim C,” at the office of the defendant in Gwanak-gu, Seoul Special Metropolitan City.”

However, in fact, the Defendant received investment money from an unspecified or many unspecified persons under the name of attracting investment for the game machine development project at the time, and thus, it was required to pay the agreed profits to the said investors. In fact, the Defendant transferred most of the money received from the victim to the said investors on the day of receiving the money, as is. The Defendant was declared bankrupt before receiving the money from the victim, and was unable to use the money in the account opened in the name of the said investors. There was no revenue source except the above game machine development project at the time, and the said investors were punished several times due to fraud, violation of the Regulation on the Regulation of Conducting Fund-Raising Business without Permission, and thus, there was no intention or ability to pay the money even if they borrowed money from the victim.

Nevertheless, the Defendant, as such, belongs to the victim, and on October 11, 2013, as indicated in the list of crimes in the attached Table.