The prosecutor's appeal is dismissed.

The summary of the grounds for appeal by the prosecutor is consistently stated from the investigative agency to the court of the court below that "the defendant has delivered KRW 50 million to believe that he would be able to purchase the land of this case (hereinafter referred to as "the clan of this case")", and even L who works for the same company as the victim is making a statement consistent with the victim's statement. In order to sell the land owned by the clan of this case, the resolution of the board of directors is necessary. The defendant is not authorized to convene a board of directors as the financial director of the clan of this case or sell the land owned by the clan of this case without the resolution of the board of directors. The defendant is not authorized to convene the board of directors or sell the land owned by the clan of this case without the resolution of the board of directors, and M as the grounds for the clan of this case will sell the land as soon as the victim goes on July 2014.

It stated that the money would not be sold to the land or the money should not be repaid."

In full view of the fact that “a statement is made” and that it is difficult for the Defendant to receive KRW 50 million from the victim to receive KRW 2 million or KRW 3 million different from other members of the family who received KRW 2 million or KRW 3 million from the victim, and that it is difficult for the victim to obtain the said money without any consideration in light of the empirical rule, the fact that the Defendant, as recorded in the facts charged, by deceiving the Defendant as if he would help the Defendant live in the land owned by the clan of this case, and by receiving KRW 50 million from the victim, may be recognized.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not guilty verdict of the facts charged in this case.

Judgment

The court below held that G has played a role as a broker in selling the real estate owned by the clan of this case for a long time, and that G has used partitions in the same space as the clan of this case, and therefore, it is from the clan of this case.