The prosecutor's appeal is dismissed.

1. When considering the following circumstances as to the gist of the grounds for appeal, Defendant B Co., Ltd. (hereinafter “victim”) within the date on which the Defendant did not perform his/her duty.

Although recognizing the fact that it is impossible to complete the registration of transfer of ownership for plant factories and other canal wells in the name of the owner, the owner acquired 200 million won from the damaged company by denying the occurrence of the result.

It is reasonable to view it.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.

A. The Defendant is the Defendant’s land D in Jin-si (hereinafter “instant land”).

A project to create an agricultural village of a plant plant on the ground (hereinafter referred to as "project in this case").

B. The purpose of this case was to cover the land purchase cost and construction cost with loans or loans from financial institutions without their own funds.

B. The Defendant did not receive not only the F Bank, which is a customer, but also the project cost of the instant case from another bank.

Defendant was operated by around 2016

C Co., Ltd. (hereinafter referred to as “C”).

The financial status of the bank was not good and it was impossible to lend bank rights.

(c)

On July 19, 2016, the Defendant lent KRW 500 million from Z Co., Ltd. as corporate bonds; KRW 100 million was used for the purpose of the repayment of existing obligations; the remainder of KRW 400 million was paid as construction price; however, the Defendant failed to seek additional construction price as corporate bonds, and did not proceed with the instant project.

(d)

At the time of the instant sales contract, the Defendant made a false statement to the representative director E of the victimized company that the additional loan for construction was approved, and promised to complete the construction within five months.

However, the 200 million won received from the damaged company was used as consulting cost or construction design contract deposit, which is the initial cost of the business, and new construction of plant factories, etc. within five months to register the transfer of ownership in the name of the victimized company.