The prosecutor's appeal is dismissed.

1. In light of the following circumstances, the summary of the grounds for appeal: (a) the share structure on the corporate register recognized by the prosecutor based on all the evidence duly submitted by the prosecutor; (b) the establishment of an additional O corporation by the Defendant’s side; and (c) the Defendant transferred H to the above corporation; and (d) the victim’s continuous evasion during several months; and (b) the Defendant received money from the victim without his intent to engage in the business with the victim; (c) however, the lower court found the Defendant not guilty on the ground that it erred and acquitted the Defendant

2. Determination

A. The summary of the facts charged in the instant case is a person who acquired the Hong Kong permanent residence right after departure from Hong Kong around 1994 and operates a restaurant “E” in the name of “E” in the name of “F,” and the victim G works for the Hong Kong sales company from October 201 to October 201.

From March 4, 2011 to April, 2011, the Defendant came to know of the victim who started finding the victim as a customer in E. Around that time, the Defendant had been aware of the job place to operate another restaurant, and the Defendant tried to conduct a business by reporting the victim to become a well-known funeral and investing in H to start a new business, and the fact that the victim was the victim did not intend to do so even though he did not intend to transfer his business share, but did not intend to do so to do so, the Defendant saw the victim to run the business with H in turn, and then requested the money as the H partner, H business loan funds, E business-related partners, and the H damage compensation money and received the money by fraud.

1. On July 201, 201, the Defendant stated that “The Defendant, in the aforesaid E cafeteria, has set up a good place in the E E cafeteria, does not deduct the victim from any other person who has to enter into a contract as soon as possible. In order to open H, it would be possible to collect all of the investments within 50:50,000 won every month, since the profits of 40 million won can be collected within one year, so the Defendant jointly invests in the E cafeteria and jointly distributes profits.”