The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) (misunderstanding of facts) (hereinafter referred to as the following: (a) the Defendant deceptioned G with the following contents, and caused G to invest a total of one billion won in G in I Co., Ltd. (hereinafter referred to as “I”); (b) the lower court rejected the Defendant’s statement of reliable G without reasonable grounds; (c) did not constitute the Defendant’s deception; and (d) it was difficult to recognize the relationship between the Defendant’s deception and the Defendant’s investment act.

In this judgment of the court below, the court below erred by misapprehending the legal principles on deception, etc. or by misapprehending the facts concerning the establishment of deception.

① Although the president of H did not have been appointed as the president of K Co., Ltd. (hereinafter “K”), which is a casino operator under J, the Defendant was determined by G as the president of the said company, and the Defendant was determined as the president of the said company.

② In a situation where it is impossible to objectively anticipate the profits from investment, the Defendant provided G with the expression that he/she would make an investment share twice the investment proceeds to G, and G decided to believe and make an investment.

③ Although G’s investment funds are to be used as “operating funds” of I, the Defendant was the use of the investment funds by stating that they will be used as “a contract deposit” whose return is guaranteed.

④ Although Defendant himself did not intend to invest in I, the Defendant said that he would invest KRW 1 billion in order to attract investment by learning G and inducing investment.

⑤ The Defendant agreed to return the principal of the investment to G despite the absence of the intent or ability to return the principal of the investment.

2. The summary of the facts charged in the instant case was known to the police officer on April 201, the Defendant knew of his knowledge of the facts charged.

G explain the casino casino business operated by I (hereinafter referred to as the “instant business”).