The prosecutor's appeal is dismissed.

1. The summary of the facts charged is the unemployment of the said company that actually operates B Co., Ltd. for the purpose of construction and construction business.

Around June 7, 2013, the Defendant: (a) had no revenue at the time; (b) had no financial capability to complete the building and sell the commercial building even if the construction of the main complex building was promoted in bad faith due to the guaranteed debt equivalent to KRW 1.1 billion; (c) had concluded a sales contract on the site in the course of implementing the said project; (d) had to take over the collateral security obligation, which is equivalent to KRW 1.43 billion with the obligee E and the maximum debt amount, established on the said site under the preceding condition in relation to intermediate payment, on the ground that the repayment of the collateral security obligation was not self-sufficient; (e) had been rejected from E and the sales contract was not concluded on the ground that the collateral security obligation had no financial capacity to sell the commercial building; and (e) had the victim deceiving by entering into a sales contract with the victim F and was provided with KRW 50 million with the victim as the down payment.

In addition, from around that time to September 2013, the Defendant received total amount of KRW 640,929,800 from the victims on 22 occasions, such as the list of crimes in the attached Form.

The defendant of "2016 Highest 2130" is a person who actually runs a stock company B for the purpose of construction and construction business.

On April 15, 2014, the Defendant: “In order to construct a commercial building of approximately KRW 1,500 square meters in land at our company, the Defendant would be given convenience to the president (I) company to build a new commercial building on the land at approximately 1,500 square meters; “In the process of carrying out a basic civil construction work upon obtaining a construction permit; and at the same time, the Defendant would be given convenience to the president (I) company.”

instead, the company that had been engaged in civil works.