On September 2013, the Defendant agreed with D to sell the above apartment to the victim E in 220,000,000 won.

Accordingly, through D, the Defendant received KRW 150,000,000 as the down payment on September 30, 2013 from the victim; KRW 35,000,000 as the intermediate payment from around September 201 to November 11, 2013; KRW 100,000 as the intermediate payment on December 18, 2013; and KRW 150,000,00 as the intermediate payment on December 26, 2013; and accordingly, the Defendant received KRW 150,00,000 as the remainder payment on December 26, 2013; thus, the Defendant had a duty to transfer the ownership of the said apartment to the victim.

Nevertheless, the Defendant violated the above duties and completed the registration of ownership transfer with F on December 26, 2013 for the above apartment.

Accordingly, the defendant, in collusion with D, acquired a substantial amount of property profit, and caused a loss of property equivalent to the same amount to the victim.

[Ma] The statement of D, which is the core evidence proving the defendant's crime, is frequently changed from the investigative agency to this court, and the time when the defendant and the defendant stated that they committed the crime in collusion with the defendant was under trial as a crime of fraud against E, it is difficult to recognize the credibility of the statement. The statement of E is merely a abstract statement that the defendant conspireds with D, and it is insufficient to recognize the double selling of real estate in collusion with D as stated in the facts charged in the judgment of the defendant, considering other evidence submitted by the prosecutor.

Therefore, the above facts charged constitute a case where there is no proof of crime, and thus, the court acquitted the defendant pursuant to the latter part of Article 325