The prosecutor's appeal is dismissed.

1. In full view of the credibility and credibility of the statement of the grounds for appeal of H et al., documents of the instant Jart set up between the Defendant A and H and the Defendant B with the direction of H. Thus, the testimony by the Defendant, contrary thereto, that the above documents of the Jart set were false statements against his memory, and the owner of the instant Jart set was H or G corporation, and thus, the accusation against the Defendant B and H is false statements.

However, the court below acquitted the charged facts of this case on the ground that there is no proof of crime.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is F’s son, who was the owner of approximately 1,400 square meters of land E, Defendant A, who was an employee of G Co., Ltd. (hereinafter “G”) who developed the instant land and constructed a building, and H was the actual operator of G.

H and F, around 2002, purchased the above land owned by G and constructed a new building “I” (hereinafter referred to as “I”) by executing and constructing it. After the ownership of the land remains F as it is and completed in the name of F, the registration of ownership preservation of the building was completed, H and F agreed to acquire the ownership of the land and the building to be transferred to F with the money of KRW 3.4 billion after H sold the I building in lots and paid the F with the money.

Since then, H completed the I building in around 2004, but the sales performance was low. For the promotion of the sale of commercial buildings, H installed facilities, such as air conditioners and freshers, for the purpose of revitalizing the commercial buildings by operating 112, 113, and 114, and for the purpose of expanding and selling the building by raising extended funds, or selling the building in lots.