The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) is that the defendant would open access roads with the permission to develop the house of electric source, and it can be fully recognized that part of the forest land F with the wife population at the time of tolerance-si (hereinafter “the forest land of this case”) was sold at a high-priced level, but the court below acquitted the defendant, by erroneous determination of facts and misapprehension of legal principles.

2. Determination

A. The summary of the facts charged of this case is that the Defendant, on March 3, 2007, obtained the permission of development from C to the effect that “The urban development plan is under way with respect to this location and the wife population G, and the land is now left back later than now. It can be seen that there is no access road, and there is no access road, and it is responsible for inside, and there is no access road, and it will be permitted to open a access road, and it will be permitted to permit the use of the entire house.” The Defendant acquired the purchase price of KRW 45 million from C.

B. The lower court consistently stated that: (a) the Defendant and I, an employee of the real estate company planning to operate the Defendant and Defendant, consistently sold part of the instant forest to C by dividing and selling part of the instant forest; (b) it is deemed that C was relatively interested in the permission for the development of the land location or the house for electric source because C was aware that the land nearest to the instant forest was allocated by the Defendant on the road following I’s recommendation and received a transfer registration by changing the location of the land located on the road and received a transfer registration; and (c) the Defendant made efforts to secure a site for access road by purchasing part of the instant forest land from the land located on September 28, 2009, which is part of the site for the building of access road, and completing a transfer registration by dividing it; and (d) the forest of this case.