The prosecutor's appeal is dismissed.

1. The lower court acquitted the Defendant of this part of the facts charged due to the misunderstanding of legal principles, even though the Defendant’s act of making a false statement that the seller demands the premium to the victim, even though the seller did not have demanded the premium of apartment sale, constitutes sufficient deception of fraud.

2. Determination

A. On August 13, 2014, the summary of the facts charged in this part of the facts charged, the Defendant, within the office of “E” located in the Seocho-gu, Young-gu, Young-si, the seller L, the seller, who sells or arranges the sale of an apartment (hereinafter “the apartment of this case”) to the Defendant N in order to sell or arrange the sale of the apartment (hereinafter “E”) owned by the seller to the seller, and the seller, who did not demand the seller’s purchase right premium of KRW 1 million, without the seller’s demand for the purchase right premium, was issued KRW 1 million from the victim’s damage on August 13, 2014.

Accordingly, the defendant was given property by deceiving the victim.

B. In accordance with the records, the court below found the following facts: ① the seller requested the Defendant to sell and purchase the apartment of this case; ② the seller guaranteed the money already paid by the seller (the base down payment for the balcony Construction Work to expand balcony down payment) and the seller demanded the buyer to pay the real estate brokerage fee of one million won, which the seller should bear; ② the defendant sent a premium of two million won in the purchase price of the apartment of this case to the seller's base level while he colors the buyer at L's demand; ③ the defendant mediated the buyer's N and the conclusion of the sales contract with the buyer's N and three million won in the sales price of the apartment of this case; ③ the defendant set at the premium of the apartment of this case to the buyer, including one million won in brokerage commission to the defendant and one million won in the sales office employees who introduced the buyer's side.