The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is as follows: ① negotiation was made several times from March 2009 to April 2009 in the process of transferring the shares to the accused; ④ there are circumstances in which it is difficult for the complainants to fully coincide with their statements in investigation agencies and courts as to the transfer of shares and conditions; ② Defendant stated, around October 10, 2009, that “at the end of 50% shares are in possession of 50% shares at the time of considering the president’s last decision,” ③ Defendant also requested the complainant to prepare a letter of guarantee agreement to return 50% shares of E Co., Ltd. (hereinafter “E”) from the complainants to the complainants on July 2009; ④ The Defendant received a loan from the complainants to the complainants on the condition that they will fully accept the obligations of the complainants, but there is no reason to complete the transfer of the shares under the condition that they will fully transfer the shares in excess of 105% shares (negative).

On the other hand, at the time when the defendant acquired the shares of the above company from the complainant, the above company's obligations are merely 1.15 million won, while the above company owned real estate over 2.0 billion won at the time of acquiring the shares of the above company from the complainant. "The above company's obligations at the time of acquiring the shares of the above company from the complainant did not have any other conditions except for the defendant's acceptance, but the company's profits will be 50 million won at the time of acquiring shares from the complainant.