The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal;

A. On December 23, 2009, the victim consistently stated that he borrowed KRW 55 million to the defendant as the compensation for traffic accident, and the victim consistently stated that he borrowed KRW 55 million to the defendant as the compensation for damages. The defendant denied the fact that he received KRW 55 million from the victim and reversed his statement twice at the time of investigation, such as recognizing the occurrence of the traffic accident at the time of the three investigation. The defendant argued that he received the above money at the time of Busan House, but the defendant used KRW 36.7 million in order to repay his personal debt after receiving the money, but the defendant's argument is not persuasive. The defendant's argument is not persuasive because the contract price and construction details claimed by the defendant were exaggerated, and the victim separately paid KRW 110 million to the defendant in cash or by account transfer. At that time, the victim's statement that was deposited in the account of the defendant's money is more reliable, and the defendant's statement that he acquired it from the victim on May 25, 2009.

B. On April 17, 2013, the Defendant stated that the victim gave the Defendant KRW 22 million as the deposit money in the lawsuit for damages with the lessee F of Busan District. However, the Defendant denied the fact that the victim received KRW 22 million from the lessee F of Busan District, and reversed the statement by recognizing the fact that the Defendant received the above money at the time of two investigations. ② The Defendant alleged that he received the said money in return for cooperation in the inheritance registration. However, the inheritance registration was completed on May 9, 2013, which was after receiving the said money, and the Defendant’s assertion was not persuasive. In full view of the above, the Defendant’s assertion is acknowledged by deceiving the victim of KRW 22 million from the victim on April 17, 2013.

C. On April 18, 2013, KRW 4530,000,000,000 were the Defendant’s KRW 4,5330,00 as the fine for negligence in Busan.