The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim E, who was threatened by A, etc., made a false statement unfavorable to the defendant because it does not seem that A made a false statement unfavorable to the defendant, considering the degree of participation of the defendant in the field of the case and the statement of other accomplices about the act in question, and that the victim does not want punishment against the defendant. Thus, the credibility of the statement is recognized.

On the other hand, the defendant found the case site in order to talk about the machinery and equipment business of A and Vietnam. However, the park, which is the place of crime of this case, is not a place where the business is to be conducted, but a place where both the defendant and A had never existed before the time, the defendant failed to explain detailed reasons between the place of crime of this case in order to meet A at least 10 p.m. on the day of this case, and the above machinery and equipment business has not been carried out in fact. In light of the above, the defendant's statement cannot be recognized as credibility, but the court below acquitted the defendant on the ground that there is no evidence to prove that the defendant jointly committed a crime of attack with A, which is erroneous of law.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is as follows: (a) the Defendant prepared a book card (the card marked on the back side of the card) used for fraud gambling, even though he did not have any deceitful gambling; (b) conspired the victim to raise money by committing fraud; and (c) around May 4, 201, at Q apartment Park in Yeongdeungpo-gu Seoul Metropolitan Government, Q apartment Park around May 22, 201, N came up to the victim from imprisonment or imprisonment; and (d) it is difficult to ask the victim for a match.