The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) even though the Defendant was registered as a business operator of H sexual and Gangnam Points in the name of N, not the Defendant; (b) and (c) entered into a business partnership agreement with F Co., Ltd. (hereinafter “victim”) with the Defendant (hereinafter “instant business partnership agreement”) and borrowed money or received an investment.

In addition, even though the Defendant did not reach a total of KRW 17,469,383, the Defendant made a false statement that it was KRW 1 billion, and even if the victimized company received KRW 588,00,000 from the victimized company as investment money, the Defendant made a false statement as if he had such intent or ability to invest KRW 612,00,000,000 agreed to be borne by the Defendant in order to establish M (hereinafter “M”) under the instant business partnership agreement, or to establish the said M and set up the said M and set up the said M and set up the pressure-saving point and the proposal point as well as the existing strong point, even though he did not have any intention or ability to operate.

The court below acquitted the defendant company of the facts charged of this case, since the defendant deceivings the damaged company as above and concluded the business partnership agreement of this case with the damaged company and acquired a total of KRW 2.188 million under the pretext of loan and investment, the court below acquitted the defendant of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) the Defendant, the president of H and Gangnam Point, was the head of the said hospital’s business registration from May 21, 2015 to N, but concealed the fact; and (b) concluded the instant business partnership agreement with the victimized company on December 31, 2015; (c) deceiving the victimized company as if the Defendant were to pay an annual interest of KRW 50% of the profits from Gangnam Point or KRW 3 million ( approximately 540 million) with the profits from Gangnam Point, thereby deceiving the victimized company, thereby obtaining a total amount of KRW 1.6 billion from the victimized company to July 27, 2016; and (d) if the Defendant invested KRW 588 million from the victimized company in the amount of loans from January 7, 2016 to July 27, 2016.