The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. After the Defendant was appointed as the representative director of E Co., Ltd. (hereinafter referred to as “E”), the Defendant was actually involved in negotiations on the settlement of construction price of the newly-built tenement housing with H (hereinafter referred to as “H”) and was an adviser of E from that date.

Therefore, the Defendant was aware that E had already concluded a sales contract with the victim for the instant newly-built row No. 404 (hereinafter “404”) and that he had a duty to complete the registration of ownership transfer accordingly.

In addition, if the principal registration of the new apartment house in this case is completed to H who lacks financial capacity at the time, it could be predicted that H may receive a loan by means of mortgage, etc.

Nevertheless, the Defendant had committed an intentional act in violation of the duty to complete the registration of the transfer of ownership under 404 against the victim, since the Defendant provided the documents necessary for the registration of the transfer of ownership under H’s belief that he will return five households among the newly-built row houses in this case.

The court below erred in finding the defendant not guilty by misunderstanding the facts and not recognizing the defendant's intention of occupational breach of trust.

B. The F, the former representative director of E, had completed the provisional registration with H on the newly-built row of this case, including 404 already sold in lots.

Even if the defendant offers the documents necessary for this registration, it constitutes a separate occupational breach of trust, and it does not constitute a punishment ex post facto act.

The lower court found the Defendant not guilty by misapprehending the legal doctrine on ex post facto action of the penalty for nonperformance.

2. Comprehensively taking account of the evidence duly examined and adopted, the following facts are revealed.

E has given a contract to H for the construction of a new apartment house in this case and implemented a new loan construction and sales project in the process.