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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence required by the prosecutor, such as the statement of the victim in the gist of the grounds for appeal, the court below rejected the victim's consistent statement on the ground of the victim's statement, and acquitted the victim based on the erroneous determination of the value of evidence, which affected the conclusion of the judgment on the ground that the defendant's duty to deliver 2.5 million won to the victim was not met, on the ground that other fraternity E is not responsible to the victim, and thus, it could be recognized that the victim did not pay 2.5 million won to the victim. However, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is that the Defendant, on May 30, 201, is the subject of the 111 unit unit of the 5 million unit of the 11th unit of the franchi unit organized at the Defendant’s house located at the Defendant’s house located at the Yongsan-gu, Busan-gu, Busan-si, Busan-si, and the victim D is the 2.5 million unit of the above franchi unit of the franchi unit of the franchi unit of the above franchi unit of the franchis unit of the f
On February 29, 2012, when the Defendant received the total sum of KRW 2.25 million from the above victim, the Defendant violated the above duty, on the ground that the victim was responsible for the amount of the fraternity unpaid by other fraternity E, thereby obtaining economic benefits equivalent to the above amount of KRW 2.5 million and suffered losses to the victim.
B. As to the judgment of the court below, the court below guaranteed the defendant's assertion from the police to the court below's original judgment, and Eul did not perform the above obligation for the payment of the deposit amount. Accordingly, the defendant set off the obligation for the deposit amount against D and the obligation for the deposit amount against D against the defendant. Thus, the defendant's obligation for the payment of the deposit amount against D was extinguished.