The prosecutor's appeal is dismissed.

1. The summary of the prosecutor's appeal grounds (fact-finding) E and K consistently listen to the defendant's 50 million won remitted to the defendant by E in relation to the defendant's 50 million won, and consistently borrowed money from the defendant that "it is necessary to pay off the gas station and equipment credit. It is necessary to lend money to the defendant, and will be permitted to perform civil works." It is not delivered by the defendant with the right to use the facilities and operation of the package vehicles located in D (hereinafter " the package vehicles in this case") at the time of entertainment, and it is not delivered with the price. In light of the defendant's oral statement in the court below prepared and delivered to E and K at the time, the defendant's written statement in the court below, written statement in the case filed by the defendant for the same kind of crime, written statement in the non-prosecution indictment, etc., there is credibility.

In relation to the 45 million won remitted from E and K, the defendant's statement is not reliable in light of the fact that the defendant asserted that the amount received from the victims as the expense of the brea area project, but there is no document to prove it, and that the investigation agency was the receipt of the money from E and K, but the defendant's statement was reversed.

E and K consistently stated that they were introduced by the Defendant as a reporter of F Newspaper or as the president of the disabled organization. In fact, even if the Defendant acquired the above status only after receiving KRW 50 million, it should be deemed that the Defendant deceiving E and K.

Even though the term of payment or interest, etc. is not specified in the note or deposit sheet prepared by the defendant, the money that the defendant received from E and K can not be determined by reason of such circumstance.

E and K take over W Co., Ltd on or around the end of December 2009, and established J Co., Ltd., and transferred to the Defendant and sent to the site of reclamation introduced by the Defendant. In light of the fact that E and K were eventually E and K.