The prosecutor's appeal is dismissed.

1. In light of the purport of the grounds for appeal (as to the acquittal portion), the statements of the victim and U, V are consistent; the content certification sent by the defendant A was sent by the same post office as that of the content certification sent by the defendant B; the purchase price paid by the defendant A and B is the same as X’s money; and the defendants’ statements are inconsistent, although the facts charged are sufficiently recognized, the court below acquitted the defendant of this part of the facts charged, contrary to the rules of evidence, or erred by misapprehending the facts contrary to the rules of evidence or by misapprehending the legal principles on fraud, which affected the conclusion of the judgment.

2. Determination:

A. The summary of the facts charged in this part of the facts charged is that Defendant A had no intention or ability to purchase two-halfs of the shares in P, Q, Q, R, G, H, H, H, I, K, L, and the land owned by the victim E located in M, by the victim, in a lump sum or together with B, the amount equivalent to KRW 790 million at the market price of the 13 parcels of land owned by the purchaser (the transfer tax amount to be borne by the purchaser is KRW 110 million out of the debate). Defendant B constructed a high-class house with a high-class source of land that requires funds exceeding ten billion won on the above land. Defendant B did not have an intention or ability to purchase the land equivalent to KRW 270 million at the market price of the five parcels of the above real estate at the market price of KRW 620 million at the market price.

Nevertheless, Defendant A, among the 13 parcels of the above real estate, intended to purchase the land equivalent to KRW 520 million, much more than the market price of the eight parcels of the above real estate and KRW 170 million, and Defendant B, among the said 13 parcels of the real estate, to purchase the land amounting to KRW 270 million, more than the market price of KRW 500,000,000,000 in the five parcels of the above real estate, and Defendant A first paid the purchase price of KRW 620,00,000,000, and then, Defendant A submitted a document for registration of ownership transfer with respect to the eight parcels of the above real estate, and Defendant B conspired to acquire the ownership of the eight parcels of the above real estate under the method of paying the remainder of the purchase price after paying the down payment.

Defendant

A shall be around May 7, 2008.