The prosecutor's appeal is dismissed.

1. In light of the contents of the victim’s statement on the summary of the grounds for appeal, the agreement for land purchase and sale on September 20, 2014, and the contents of the written agreement on November 17, 2014, etc., the Defendant may recognize the fact that he/she acquired ownership of 2,170 square meters (hereinafter “instant land”) by deceiving the victim as stated in the facts charged in the instant case and acquiring ownership of 2,170 square meters (hereinafter “instant land”).

2. Comprehensively taking account of the following circumstances acknowledged by the records of judgment, there is doubt as to whether the Defendant was not deceiving the victim as stated in the facts charged of this case.

① The Defendant, at an investigative agency, stated that the purchase price of the instant land was KRW 20 million at the first time (see, e.g., 58, 72, and 4), and reversed his/her statement at KRW 500 million (see, e.g., investigation records) (see, e., 78, 83); and re-reconsting another statement at KRW 200 million thereafter (see, e.g., investigation records). ② A self-sale agreement on September 20, 2014 states that the purchase price is KRW 50 million; and the purchase price is KRW 50 million is also stated in the self-agreement on November 17, 2014 (see, e.g., investigation records9, 11). However, in a criminal trial, conviction should be based on evidence of probative value that may lead to a judge’s conviction that the facts charged are true to the extent that there is no reasonable doubt.

Therefore, if there is no such evidence, there is a doubt that the defendant is guilty.

The interest of the defendant is to be determined by the interests of the defendant.

In full view of the following circumstances acknowledged by the evidence duly admitted and examined, the court below held that the defendant would pay KRW 500 million to the purchase price when purchasing the instant land to the victim only by the evidence submitted by the prosecutor.

It is insufficient to recognize the deceit facts, and there is no other evidence to acknowledge them, and the facts charged in this case were acquitted.

① The instant land is divided before subdivision.