The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the defendant deceivings victims by means of not notifying the business status, amount of debts, etc. of the oil station and thereby becomes a joint and several surety, thereby acquiring pecuniary benefits

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The following circumstances are acknowledged according to the evidence duly adopted and examined by the lower court and the lower court.

① The victims had already been a joint and several surety of the guaranteed insurance contract, which is the defendant of the policyholder and the insured GSkx.

② The joint and several surety of this case was performed for extension of the term of the existing guarantee insurance contract and increase of the guaranteed amount.

(3) The victims have directly visited Seoul Guarantee Insurance and signed the application form for performance guarantee insurance in the column of joint and several sureties.

(4) An offer for performance guarantee insurance shall specify the amount of debts before the commencement of the guarantee insurance period.

5. The gas station business contract between the defendant and the GSST has been automatically extended on a yearly basis.

④ On March 31, 2010, GSST anticipated that the contract with the Defendant will be automatically extended. Around January 2010, the Defendant demanded a guaranty insurance policy to extend the period of time. Accordingly, on January 19, 2010, the Defendant issued a guaranty insurance policy with the victims as a joint guarantor and submitted it to GSST.

7) On February 2010, GSST decided that it is difficult for the Defendant to maintain the gas station any longer, and that it will be closed down or suspended.

In full view of these circumstances, the defendant did not anticipate the circumstances that the gas station will be closed down and continued to operate the gas station on January 19, 2010 and requested the victims to provide joint and several sureties, and the victims shall be the victims' debt amount.