The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal lies in the fact that the defendant operated the sixth floor E with D and operated the victims in the same manner, thereby gaining profit from the amount of KRW 8 million per month, and that the defendant should pay KRW 120,000 to D in return for taking over the sixth floor E store.

Nevertheless, the court below found the defendant not guilty of KRW 120,000,000 paid by the victims to the defendant as expenses necessary for joint operation of the defendant and the victims E and 7th floor C.

The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. The court below found the defendant not guilty of the facts charged in this case on the ground that it is sufficient to raise a reasonable doubt that the defendant's appeal that there was no falsity, such as the facts charged, the summary of the facts charged, the contents of the partnership agreement between the defendant and the victims, the credibility of the victims' statements, etc.

A thorough examination of the evidence of this case in light of the records, the court below's decision that the defendant was not guilty of the facts charged of this case for the above reasons is just and acceptable, and the testimony of the witness F of the trial party witness F of the trial court which was additionally examined in the trial court does not affect the above judgment.

There is no error in the judgment of the court below that affected the conclusion of the judgment by misunderstanding facts as the prosecutor pointed out.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

However, the lower judgment’s 3rd page 18’s 18’s 2016’s 18’s 2015’s 5’s 5’s 5th class E from December 2015.