The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim believeds the Defendant’s own ability to operate shares and lends money to the Defendant, and the mother of the Defendant does not lend money to the Defendant in trust of D’s own ability.

Even if the victim had lent money to the defendant with the belief of D's self-reliance, the defendant deceivings the victim as if D had had the status of guaranteeing D's self-reliance even though D was not in the state of guaranteeing D's self-reliance.

Therefore, even if the facts charged in the instant crime of fraud were fully convicted, the lower court acquitted the Defendant by misapprehending the facts or by misapprehending the legal doctrine on deception.

2. Determination

A. On February 2007, the Defendant was aware of the Victim C, who was a credit service provider, and had a monetary relationship, such as borrowing KRW 100 million, with the mother of the Defendant’s mother using the personal history of D, to contribute to the investment of the shares by lending money from the victim.

(1) On July 2007, the Defendant made a false statement to the effect that “If he/she lends money to make an investment in stocks, he/she will give 3% interest per month, and compensate for losses immediately in the course of investing stocks at a coffee shop where he/she is unable to know the trade name located near the Seocho-gu Seoul Metropolitan Government Yang Jae-gu, Seoul, the Defendant would set up D as a joint guarantor.”

However, in fact, the Defendant did not have obtained permission or delegation from D for joint and several sureties, and did not have any other occupation or property. Therefore, even if there was no intention or ability to compensate for losses caused by investing in shares with money borrowed from the victim.

As such, the Defendant, by deceiving the victim, borrowed from the victim on August 1, 2007, KRW 200 million, KRW 250 million on November 28, 2007, and KRW 450 million on a total, is below the same comprehensive financial securities in the name of the victim.