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The appeal by the prosecutor is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the Defendant: (a) entered into a sales contract with D and 120 million won for purchase; and (b) entered into a sales contract with 2,100,000,000,000 won for 12,000,000,000,000; and (c) entered into a sales contract with 2,000,000 won for purchase on May 24, 2010; and (d) entered into a sales contract with 85,00,000,000 won for purchase; and (e) knowingly known that it is a multi-unit contract, the Defendant filed a civil lawsuit by forging the sales contract with Do, stating that the sales price was a multi-unit contract with 85,00,000 won for purchase; and (e) it is sufficiently recognized that the Defendant had an intention to commit a crime with no intention.
2. The lower court determined that: (a) since a dispute over the purchase price of the instant apartment occurred, the Defendant consistently stated that: (b) the purchase price was KRW 85 million; (c) the Defendant loaned the instant apartment as collateral; and (d) the remainder of KRW 35 million was agreed to pay KRW 1,500,000 per month from the transport company operated by the husband of D; and (b) according to the sales contract dated May 14, 2010 alleged that D was a real sales contract, the Defendant paid KRW 10,000 as the down payment on the date of the contract, but in fact, the down payment was not received; (d) on May 24, 2010, the Defendant asserted that the real sales contract was concluded; and (e) on May 25, 2010, the Defendant filed a claim against the Defendant for the registration of the establishment of a mortgage on the instant apartment on the following day; and (e) on May 24, 2010, Defendant filed a claim for registration of the establishment of ownership against D on the same date.