The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal by the prosecutor is as follows: (a) comprehensively taking account of the following: (b) the victims’ consistent statement and details of transfer of accounts; and (c) the FF Co., Ltd. (hereinafter “E”) and E Co., Ltd. (hereinafter “E”) are deemed to be a company run by the Defendant; (b) the victims are obviously aware that they were to deliver money under the pretext of investment money by deceiving the Defendant; (c) the judgment of the court below which acquitted the Defendant; and

2. The summary of the facts charged in this case is as follows.

The Defendant was sentenced to imprisonment with labor for a fraudulent act that acquired investment money with C in around 1999 on December 19, 2006 and released from office on December 19, 2006, from around August 2, 2007 to around September 9, 2007, posted the signboard of the company soliciting investors, such as E, F, and G Co., Ltd., and the Defendant divided the two roles into the Chairperson, the Defendant’s friendship H, the representative director of the board of directors, the I, the adviser, and the auditor, and practically controlled and operated the said company.

On January 1, 2008, the Defendant, at the E office located in the second floor of the Gangnam-gu Seoul D Building in Gangnam-gu Seoul, proposed the victim J and K to the effect that “The Defendant has a patent right to develop compressed air vehicles at our company, and is supported by the State KRW 3.5 billion. When making an investment, the Defendant shall guarantee the principal of the investment and guarantee the high income of KRW 500 to 600,00 of the investment principal after six months,” and recommended the said victims who visited the office for about ten times thereafter, to make a false statement to the same effect as to the above victims who visited the above office for the same purpose.

However, fact has not been completed or owned with the technology of compressed air cars to promote E development, and it is commercialized as a large technical problem even if the development is completed.