The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that no contact was made with Q, an executory company, in the course of sale of the instant officetel in question, to the victim C as the sales contract amount, etc., and that the Defendant did not grant the right to sell the instant officetel to the victim even after the completion of the instant officetel, the Defendant may sufficiently recognize that, if investing KRW 6 million to the victim C even though the Defendant did not have the intent or ability to obtain the right to sell the instant officetel, the Defendant would allow the instant officetel to purchase or sell the sales right.

B. The sentence of the judgment of the court below on unreasonable sentencing (four months of imprisonment) is too uneasible and unfair.

2. Around April 25, 2008, the summary of this part of the facts charged is that the Defendant, at the Defendant’s house of Goyang-si (D) No. 11110 of the D Building 1, Goyang-si, the victim C, “If the Defendant purchased the above officetel sales right at KRW 6 million in order to carry out a new construction of an officetel in Goyang-si, he/she may sell the right to sell without being sold later.”

However, the defendant did not have the intention or ability to exercise the right to sell an officetel even if he received the right to sell the officetel from the victim.

The Defendant, as such, by deceiving the victim, received 6 million won as the purchase price for an officetel from the victim, namely, the purchase price for an officetel from the victim.

3. The lower court determined that the Defendant purchased 150 million won in total from Q, an executory company, for the total of KRW 150 million, and claimed that K sold 30 million in its subscription form. However, in line with the foregoing, K received 30 copies of the subscription contract in which the number of Dong units and unit numbers of the above officetels was stated from the Defendant, and resells them to the victim through L, and immediately transferred the proceeds from sale to the Defendant’s account to the Defendant’s account, and stated that it was the victim that he received Dong units and unit numbers, and ② at the same time, K has a limitation on resale at different places.