The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal concluded two contracts with I before the Defendant is prosecuted.

Although the first or the first contract is not asserted to have been terminated, there is no credibility by reconcing the statement, such as raising such argument at the court below, and the "Contract for Business License Acquisition by the Defendant on August 10, 201, which was submitted by the Defendant," which is bound to be deemed to have been prepared and submitted after prosecution, and since there is no credibility because the I's statement in the court below does not coincide with the statement in the investigative agency, it is evident that the Defendant acquired the down payment by double transfer of business rights to the victim under the status of entering into a contract with I, the court below acquitted the Defendant of the facts charged

2. Determination

A. The lower court determined as follows: (a) based on the evidence in its reasoning, found as follows; (b) the Defendant entered into a contract with the J on July 7, 201 with the Plaintiff for business rights transfer; (c) the Defendant cancelled the contract because it did not pay the down payment on the agreed date; (d) the Defendant entered into the said contract with the victim on July 21, 201; (c) the Defendant was requested by I to conclude the said contract again; (d) the Defendant was requested by I to enter into the contract with the victim; (e) the Defendant would have to bear part of the penalty; (e) the Defendant would have entered into the contract with H on August 10, 201 with the victim; and (e) the Defendant would have not already rescinded the contract with the Plaintiff at the time of the said contract; and (e) according to the said contract entered into with the Defendant and the victim, the Defendant would have a duty to cooperate in the transfer of ownership from the landowner to the victim; and (e) the Defendant would have obtained consent to purchase and sell the remaining land.