The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts and legal principles) is as stated in the facts charged in the instant case, although the Defendant transferred the right to permit construction of the E and E-F 316 square meters (hereinafter “instant land”) and the “small Living Facilities and Urban Apartment” of the 13th underground floor and the 2,543 square meters of the total floor area of the 2,543 square meters above the ground (hereinafter “main complex facilities of this case”) and by deceiving the victims as if he were to perform administrative procedures, such as changing the building owner’s name so that construction may be commenced, the lower court acquitted the victims of the instant facts charged, and thereby, acquitted them of the down payment, etc. from the victims. The lower court erred by misapprehending the facts and by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Judgment on the grounds for appeal

A. On July 5, 2013, the summary of the facts charged in the instant case, the Defendant, who is an information and communications company, is the owner of the 316th E and F, and was the owner of the 316th E and F, and was the owner of H, the representative director of which is his/her own dong G, and was the owner of H, the 13th underground floor construction of the 13th underground floor and the 2,543th underground residential facilities and urban apartment buildings (referring to the 6 main residential facilities, the 30th urban apartment, the 77th apartment complex facilities) on the said land.

The defendant did not intend to transfer the right to permit construction of the main complex facility to the victim I along with the above land, and did not intend to implement administrative procedures such as change of the owner's name so that the victim I and J may start the construction work. As such, as the defendant transferred the land and business rights and provided cooperation necessary for the commencement of construction, he/she agreed with the victims, and received the down payment and received the down payment, and transferred the right to permit construction of the above land and main complex facility to the victim I in the above D office located in Chungcheongnam-si on May 10, 2014, and transferred the right to permit construction of the above land and main complex facility in KRW 1.3 billion to the victim I, the down payment, KRW 200 million, intermediate payment, KRW 700 million, and KRW 400 million.