The prosecutor's appeal is dismissed.

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the fact that the defendant deceivings the victim and defrauds the victim a sum of KRW 15 million can be recognized.

2. The lower court determined that the evidence presented by the prosecutor alone was insufficient to acknowledge the Defendant’s conviction, and that there was no other evidence to acknowledge this otherwise.

3. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it is insufficient to recognize that the Defendant, based on the evidence submitted by the prosecutor, deceivings the victim and deceivings the victim.

① Around October 2013, the victim visited the Defendant, who actually operated a mushroom growing farm, and invested KRW 10 million in the Defendant (the trial record 132 pages). (2) On October 1, 2013, the Defendant concluded an entrustment cultivation contract and the principal indemnity contract (the nine pages of investigation records) with the Defendant to use KRW 10 million for the entrusted cultivation amount for E-Sna mushroom growing projects promoted by the Defendant Incorporated Agricultural Company FF Co., Ltd.

According to the above contract, the Defendant shall pay the victim 1% per month for the first three months, and 4% per month for the subsequent three months, and the Defendant paid the victim KRW 300,000 in total via three times from October 2013 to January 2014 under the above contract.

③ From October 2013 to March 2014, the Defendant continued to engage in mushroom growing business, and used the money received from the victim as farm operation expenses, expenses for purchasing mushroom, etc.

④ At the time of receiving money from the victim, the Defendant had a 300 million won debt at the time of receiving money. However, the Defendant owned apartment houses with the market price of KRW 380 million (the trial record 160 pages). Therefore, even if growing mushrooms is not properly conducted, the Defendant had the ability to return money to the victim.

Therefore, prosecutors.