The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) presented the victim a false pre-sale contract through F; the defendant deceivings the victim as if he had promising to engage in the business of selling his original goods; the defendant did not have sufficient means to pay the accumulated debt in the amount equivalent to KRW 160 million; and the defendant did not return the amount invested by the victim; etc., the criminal intent of the defendant's defraudation is recognized comprehensively taking account of the following: (a) the defendant presented a false pre-sale contract through F through the victim; (b) the defendant deceivings himself

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. Determination

A. According to the facts charged in the instant case, the Defendant’s deception can be summarized as follows: ① the cumulative obligation at the time of the victim’s investment reaches KRW 160,000,000,000, and the employee’s salary was not paid properly; ② the Defendant deceivings the ability to repay as if the investment was made in the cooking business, which was concealed and original water, and ② deceivings the use for the purpose of using the personal debt repayment, etc. even if the Defendant received the investment from the victimized party, and ③ by suggesting the said agreement for the pre-sale transaction, and soliciting the investment. The existence of each of the above deceptive acts is examined in turn.

B. First of all, it is recognized that the Defendant was aware of his financial position and that the Defendant was unaware of his ability to repay as if he had been making investments in the original cooking business, and that the Defendant was unaware of his ability to repay as if he had been making investments, and that at the time of soliciting the Defendant to make investments, the Defendant’s obligation was not exceeded KRW 160 million and did not properly notify that the Defendant was in arrears with wages.

However, since the original water sale business requires considerable funds in the process of purchasing agricultural products, the attraction of investment funds is considered to be important to decide on the business failure, and the victim agrees to make an investment of KRW 400 million until February 8, 2013.