The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal did not seem to have been used to purchase the remaining land even if 500 million won is paid as the purchase price for the remaining land which was not secured by a sales contract, etc. among the land for the business site at the time of the transfer or acquisition of the instant business right

In addition, since the joint business agreement was already concluded between the defendant and V prior to the conclusion of the above contract, the injured company could not acquire the business right of this case even if the above contract was concluded.

Therefore, it is reasonable to view that the defendant has obtained money by deceiving the victim by receiving KRW 500 million as the down payment after concluding the contract for the transfer and acquisition of the business right of this case.

Nevertheless, the lower court which acquitted the Defendant of the facts charged of this case has erred by misapprehending the facts and affecting the conclusion of the judgment.

2. The summary of the facts charged in this case (hereinafter “Defendant Company”) is a company established by the Defendant for the purpose of real estate development business, etc., and the implementer of the original D Multi-Family Development Project (hereinafter “instant project”), which develops and sells multi-family housing in the original city C, the Gangwon-do Governor’s designation and development plan approval on December 28, 2007, the approval of the implementation plan for the original city market on May 27, 201, and the approval of topographic drawings on May 29, 2012. However, the indictment was written only as “ around May 23, 2012,” according to the results of examination of evidence (Evidence No. 194 of the Record), and was deliberated by a local building committee in order to the extent that it does not hinder the Defendant’s right to defense. The Defendant Company’s representative director, after deliberation on the above local building committee and applied for approval of the project plan on May 28, 2014 (Evidence No. 194, May 24, 20194).