The prosecutor's appeal is dismissed.

1. The court below found the Defendant not guilty of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of trust among the charges in this case.

In this regard, the prosecutor filed an appeal only for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (in the petition of appeal, expressly stating that "the burden of distribution is to waive the voluntary appeal"), and the charge of breach of trust has been finally separated and finally decided.

Therefore, the scope of this court's adjudication is limited to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

2. Of the facts charged in the instant case, the summary of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is indicated in the indictment on December 8, 2009 as to H, K, L, I and I 4 (hereinafter “the instant real estate”) owned by the Defendant on December 8, 209 as to the instant charges, while the ownership of K and L land in the name of the trustee in the name of the land trust company against the trustee has been transferred to the Defendant at the time of strike (P) (the owner before and after the registration of the trust). As seen below, as long as the prosecutor’s appeal is dismissed, the written indictment shall be kept as is.

When concluding a contract to sell B to the victim andO (hereinafter “the instant sales contract”), and even if the victim did not have intent or ability to cancel the right to collateral security by the balance, the right to collateral security established on the instant real estate (hereinafter “the instant collateral security”) was to first cancel the instant right to collateral security, instead of having a relationship between the payment of the balance and the cancellation of the right to collateral security, according to the prosecutor’s statement at the prosecutor’s office and court of the lower court and the prosecutor’s written opinion on November 20, 2017, which was made on the instant real estate until the remainder date.

The property of this case is provided as security for cancellation.