The prosecutor's appeal is dismissed.

1. The facts charged and the judgment of the court below

A. On September 1, 2010, the Defendant entered into a sales contract with the victim G Co., Ltd. (hereinafter “victim Co., Ltd.”) and with the Defendant on September 11, 2010 with respect to the land of H forest No. 12,409 square meters, I large 1,228 square meters, J. 3,383 square meters, and 42 square meters prior to K, L roads, 124 square meters, and 70 square meters prior to M. (hereinafter “real estate subject to the instant transaction”) with respect to the total purchase price of KRW 2.8 billion, and the down payment amount of KRW 200 million shall be replaced by the payment of around August 31, 2010, under the condition that the land would be paid until September 1, 2011 (hereinafter “instant sales contract”).

Accordingly, the Defendant received KRW 2 billion from the victim company as part payments around September 9, 201, and transferred the claim amounting to N, around January 20, 201, totaling KRW 1,050,000,000 (hereinafter “claim amount, etc.”) for the remainder of the victim company and the compensation for delayed damage, to N, and subsequently, through the victim company, the Defendant did not perform all legal acts such as the preservation and management of the real estate subject to sale in this case and the provisional attachment, provisional disposition, and the establishment of collateral security, and did not perform any legal acts such as provisional registration, provisional disposition, and the establishment of collateral security, and did not cooperate in the registration of transfer of ownership in the name of the victim company.

Nevertheless, on May 19, 2014, the Defendant created the maximum amount of claim (the same shall apply to the secured claim amount) of KRW 1,500,000,000,000,000 to N as a person with the lower right of claim against H, J, K, K, L, and M Real Estate (hereinafter “real estate created by collateral security”) which is a part of the instant real estate subject to the sale and purchase in violation of the said duty, thereby gaining N the pecuniary advantage equivalent to KRW 900,238,297, and causing damage to the victim company equivalent to the same amount.

B. The lower court determined that the Defendant, as a seller of real estate subject to the instant transaction, purchased the instant real estate.