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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below that acquitted the Defendant of the facts charged in this case, although the gist of the grounds for appeal was proved as stated in the facts charged, is erroneous in misconception of facts.
2. Determination:
A. According to the record of the premise facts, the following facts can be acknowledged.
① On June 14, 2005, the Defendant and C divorced by conciliation by the Jeju District Court, including the content that the instant real estate, which was owned by the Defendant C, should be transferred on the grounds of division of property.
② However, before mediating, the Defendant and C had already sold the instant real estate to a third party, and agreed to repay the borrowed amount of KRW 100 million from F, the funeral, at the price.
③ Notwithstanding the above adjustment, the Defendant and C sold the instant real estate to E on June 15, 2005 without registering the Defendant in the future according to the above agreement and delivered the down payment of KRW 80 million received from E to F, and on June 17, 2005, the ownership transfer registration for the instant real estate was completed in the future.
(4) On June 17, 2005, 2000 won, excluding the down payment of KRW 80 million and the remainder of KRW 38 million, was replaced by the succession to the obligation, and the remainder of KRW 38 million was delivered to F on August 16, 2005 (the trial record No. 77 pages)). Meanwhile, F terminated the right to collateral security, which was created as a security for the above loan obligation on H real estate owned by the Defendant on June 17, 2005, on which the instant real estate was transferred to E.
B. In full view of the following circumstances revealed in light of the aforementioned premise facts and records, it is reasonable for the lower court to have acquitted the Defendant of the facts charged, on the ground that each statement, such as the Defendant’s facts charged, is difficult to be deemed false.
(1) The portion which the defendant stated that he/she is aware of 80 million won of down payment and has been immediately treated as down payment without paying down payment.