The prosecutor's appeal is dismissed.

1. The victim's statement that he/she would lend money to the defendant's reliance on the defendant's ability to repay the gist of the grounds for appeal is reliable. In light of the relationship between the defendant and J, it is difficult to believe the victim's statement that he/she meets the person related to the apartment project of this case with the victim, and therefore, the court below acquitted the defendant of this case on the ground that the amount of this case constitutes the amount of loan but constitutes the amount of loan, it is erroneous in the misapprehension of

2. The prosecutor of the indictment to change the indictment is as follows, on the premise that the amount of this case in the trial of the party is investment funds:

B. (1) As mentioned in paragraph (1), an application for amendment to a bill of amendment was filed with a selective modification of the contents of the amendment, and this court permitted it, thereby becoming subject to the trial on the alternative charge. We examine all the existing charges that were subject to the trial of the court below before the amendment and the facts alternatively changed.

3. Determination

A. According to the prosecutor’s assertion of mistake of facts (existing facts charged), the court below held that the amount of this case constitutes an investment, not a loan that the defendant has a duty to return, and thus, the court below did not have reasonable doubt as to this part of the facts charged, on the grounds stated in its reasoning.

It is difficult to see

Since the prosecutor's assertion is legitimate, it is without merit.

B. (1) On January 2, 2002, the defendant of this part of the facts charged is a person who established a dispute resolution committee and registered as a representative director for the purpose of aviation and military industry-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related business-related corporation.

The Defendant is near Seocho-gu Seoul, around March 15, 2010.