The prosecutor's appeal is dismissed.

1. In light of the following: (a) the victim I consistently stated the facts of damage; and (b) the victim I submitted a copy of a passbook indicating the details of the withdrawal from the payment to the bank account holder, it is recognized that the victim delivered a sum of KRW 560,700,000 in cash to the Defendant from January 3, 2011 to December 18, 2015.

In addition, in light of the following: (a) one victim has been aware of the victim’s oral statement that the victim’s family members are not good, and (b) the defendant continued to be aware of harm and injury to the victim, and (c) the defendant provided explanation about the lending procedure so that he may cause the victim to exercise the right of payment, or assist the victim to submit documents so that he/she may receive the loan and prepare the expenses for the performance of the right of payment; and (d) the defendant is aware of the fact that he/she deceivings the victim as if the victim was not good for the victim or his/her family members.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

2. Determination

A. The judgment of the court below is based on the premise that the meaning or object of the exercise of the right of redemption, etc. was established under the premise of the mental and non-personal world, such as so far as the meaning or object is within the scope of objectively recognizable logic, rather than in the range of objectively recognizable logic that has been widely implemented among the general public in the Republic of Korea, although the fundamental principle or character of the non-speed of the performance of the right of redemption, etc. has not been sufficiently explained, it is most aimed at the consolation or evaluation of the mind that is gained by the direct and indirect participation in the process rather than demanding the achievement of any objective result, and in exceptional cases where the achievement of a certain purpose is conditioned, the implementer (a party, etc.) is objectively such.