The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant, even if the FF and E made an investment in the Defendant’s slot machine game business, was unable to make any other profit, by deceiving the victims of investment profits and receiving money on several occasions under the pretext of investment. The Defendant, who received 150 million won from the victim F, paid on March 12, 2013; KRW 150 million paid on March 26, 2013; KRW 50 million paid on June 24, 2013 from the victim E; and KRW 5 million paid on July 14, 2013 from the victim E, is also part of the money that the Defendant acquired by deceiving the victims to make an investment under the pretext of investment.

Nevertheless, the lower court recognized that the Defendant, by misunderstanding the facts, received the money paid four times as above, under a different name regardless of the investment, and did not constitute a crime of fraud for this portion.

The lower court erred.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment, and four years of suspended execution) is too uneasy and unfair.

2. Judgment on the assertion of mistake of facts

A. On February 2013, 2013, the Defendant: (a) leased the 5th floor of the H hotel in detail in the Philippines to the victim E and the victim F at the business office of the Defendant, a corporation operating the 2nd floor of the Gangnam-gu Seoul Metropolitan Government C building; (b) the Defendant established and operated the 200 slot machine game machine, which was already permitted to do so.

Through this, it is anticipated that a maximum of 50 billion won will be operating profit, and the estimated profit per slot machine will be KRW 10 million per month even though it is expected that it will be 10 million per slot machine.

If you make an investment of 15 million won per unit (one unit of slot machine) of the project, 3 million won, which is 20% of the monthly investment, shall be paid as a profit, and the principal shall be returned separately after one year.

The term "highly false statements" were made.

However, at the time of fact, the defendant is running the above business from the local authorities of the Philippines.