The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, such as the statement of the victim (misunderstanding the facts), the scope of deception and deception against the victim of the instant case is sufficiently recognized.

Nevertheless, the court below found the defendant not guilty. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. Although the Defendant stated in the instant charge as “2014,” the written indictment in 2015, the Defendant appears to be a clerical error in the “2015 year,” and thus, is corrected.

5. Around 20.20. Around 20.m., the victim C indicates “a list of KRW 30 million” and “a list of KRW 30 million”.

21 In the old accounts, 20 old accounts are organized at the old accounts, and there is only one account, which is recommended to join the fraternity meetings.

However, as the name list shown by the defendant shown to the victim is not composed of all the members of the 20 old unit, the defendant was bound to be responsible for the three old units. The defendant was also destroyed by the previous operation system, and thus the defendant was not responsible for the above three old units, and even if the victim was admitted to the system, there was no intention or ability to pay the above three old units to the victim.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 13.5 million between May 20, 2015 and October 20 of the same year from the victim, and acquired it by remittance from the victim.

B. The lower court determined that the Defendant’s criminal intent of deception and deception related to the instant facts charged was proved to the extent that the evidence presented by the Prosecutor alone, by taking account of the following circumstances, was beyond a reasonable doubt.

As it is difficult to see that there is no proof of the crime, the defendant was acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act.

① First, at the time of committing the instant crime, the Defendant was organized by 20 old units at 21 old units at the time of committing the instant crime.

Whether a false statement has been made or not.