The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is without credibility of witness D of the lower court’s testimony, and circumstantial evidence reveals that C paid all the purchase price of the forest of this case to the Defendant, and at least the Defendant sold the forest of this case in consultation with C is obviously false testimony.

Although the judgment of the court below which acquitted the defendant, there is an error of law that affected the conclusion of the judgment by misunderstanding facts.

2. Determination

A. At around 14:00 on March 20, 200, the Defendant appeared as a witness of the Ulsan District Court case No. 2008Kadan35516 on the summary of the facts charged of this case, and took an oath. ① On March 24, 2001, the Defendant sold 1.5 billion won to C and D with 1.5 billion won (hereinafter “the instant forest”) after the Defendant conspired with other investors in Yangsan City E, forest and F forest and so forth (hereinafter “the instant forest”) and sold 1.5 billion won (hereinafter “the instant forest and so forth”), but the Defendant received the sales amount from C and D, “the Plaintiff and the Defendant succeeded to 50 million won of the secured loan of the instant forest and so paid the remaining KRW 1.0 billion to the witness,” and “the Plaintiff sold the instant forest and so forth to the Defendant’s agent’s answer to the sale of the proceeds of the instant forest and so forth,” or “the sale of the proceeds of the instant forest and so forth.”