The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

(In fact-finding and misunderstanding of legal principles) AM is a victim of the No. 9 of the victim N and M AM List 1, but AM is an investor of the victim N, and AM is a victim N, for convenience (the court record No. 2, 956 pages).

With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud in relation to A, D and the Defendants deposited considerable parts into the corporate account of 376.7 million won among the money received from the above victims under the name of sale deposit, etc. and used it individually, without being delegated the right to sell the F apartment and obtaining consent thereto from J, the actual joint manager of the company established for the purpose of selling the FM apartment and the commercial building (hereinafter referred to as the "F apartment") on the land of 1, Mapo-gu, Seoul and 1, and the name of the company (hereinafter referred to as the "F apartment").

Therefore, even if the Defendants did not have the intent or ability to transfer the ownership of the F apartment to the victim N and M by implementing the sale agency contract normally from the beginning, the Defendants could fully recognize the fact of deceiving the above victims as stated in the attached crime list 1 and the crime list 2.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged, and erred by misapprehending the relevant legal doctrine.

With respect to the fraud of the victim's Z, the defendant A was not authorized by the I to sell the F apartment X, and the victim's Z was used individually without paying 15 million won to I.

Therefore, even though Defendant A did not have the intent or ability to transfer the ownership of F apartment X to the victim Z, Defendant A could fully recognize the fact that he/she deceivings the above victim and defrauds KRW 15 million.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and related.