The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the victim stated consistently and specifically to the effect that “the defendant paid 40% of the net profits and returned the principal after one year,” and the agreement to make an investment through “a separate investment agreement” is stipulated in the instant joint venture agreement; (b) the investment period is clearly stated in the instant investment certificate as one year; and (c) the amount actually used for the instant golf business is minor and most presumed to have been used for the personal purpose. In light of the fact that the defendant had an intention to commit an incomplete fraud at least.

Nevertheless, the court below found the defendant not guilty, which is erroneous in the misapprehension of facts.

2. Determination

A. The summary of the facts charged in the instant case is a person who serves as the representative director of B Co., Ltd. (hereinafter “B”) and C (hereinafter “C”) with the main purpose of screen golf business.

In March 2015, the Defendant extended the time of the screen golf course of C located in D at the end of the end of the strike, “In the future, I want to expand the golf business screened in China and Japan.”

When a screen program is installed in a direct screen room, and other golf-making all facilities (such as computer installation, sn beam beam project installation, internal interior interior interior interior, etc.) are installed, a program sales and construction profit can be obtained.

In China and Japan, golf screen construction markets will be developed and operated, and 40% out of the total net profits of each month shall be paid from the first month to the management of investment funds, and the principal shall be returned after one year.

Then, I believe that I would like to make a false investment.”

However, in fact, the above company of the defendant was established around 2013 to 2014, but there was no sales from the injured party until at the time of receiving investment from the injured party, and therefore the company's operating expenses are loaned money from the other party.