The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Each written statement of grounds for appeal filed by a prosecutor shall be deemed only to the extent of supplement in case of supplemental appellate briefs not timely filed.

(M) Fact-finding and misunderstanding of legal principles)

A. As to the primary facts charged [the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud]], the victim C is a victim company.

L, representative director, E, the actual owner of L, and E, are the instant convertible bonds issued by the victim company at the investigative agency and the court of original instance, and at the court of original instance, seven copies of the convertible bonds equivalent to one billion won issued by the victim company. The “B” corporation B (hereinafter “B”), and the name of the “stock company” is omitted in the case of other companies.

L/ E consistently stated that each of the above statements was leased. L/ E’s each of the above statements is a monetary loan agreement made between the victim company and B (hereinafter “the instant monetary loan agreement”). When referring to the contract itself, the instant monetary loan agreement is called “the instant monetary loan agreement.”

It also accords with objective data, such as objective data.

On the other hand, the Defendant’s assertion that J, the real owner of B, was receiving the instant convertible bonds from the victim company, under the pretext of repayment of the amount paid to K, which was the actual owner and management owner of I in connection with I’s acquisition, is written between the victim company B and the victim company B, and the said monetary loan contract provides that the instant convertible bonds shall not be transferred to any other person, and the victim company’s acquisition procedure for I has not been completed, it is difficult to believe it as it is in light of the circumstances, such as the fact that there is no reason for the victim company to pay back its obligations to I on behalf of the victim company B.

Nevertheless, unlike the contents of the monetary loan contract of this case, which is the assertion and objective evidence of the defendant or victim company, the legal nature of the acceptance of the convertible bonds of this case is "the actual inspection deposit for acquisition".