배임
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal of this case is the civil judgment related to this case as stated by the court below, and the Supreme Court Decision 2012Da53505 Decided March 20, 2015, stating that the exercise of the right to statutory rescission of this case by Defendant A does not conflict with the original effect or res judicata of the conciliation of this case. As such, the Supreme Court Decision 2012Da53505 Decided March 20, 2015 (hereinafter referred to as "the Supreme Court Decision 2012Da53505 Decided March 20, 2015") is inconsistent and inconsistent with the legal effect of the conciliation, even if the victim who is the party to
Therefore, since Defendant A’s act of disposing of the instant real estate constitutes a crime of breach of trust and Defendant B actively participated, the lower court found Defendant not guilty of the charge of breach of trust. Therefore, the lower court erred by misapprehending the legal effect of conciliation and the legal principles of concurrent performance, or by misapprehending the facts, thereby adversely affecting the conclusion of
2. In a thorough examination of the evidence of this case in light of the records, the court below's decision that the defendant was not guilty of the facts charged of this case based on such evidence judgment is just and acceptable. Thus, it does not seem that the court below erred by misapprehending the legal principles or by misunderstanding facts as pointed out by the prosecutor, which affected the conclusion of the judgment.
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.