The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts and legal principles) Defendants and victims G were to bear one-third each, and purchase the instant land. From that time, there was no agreement between the Defendants and the victims on the division of the jointly owned property until the sale of the instant land was made.

In addition, the victims did not directly intervene in the sale process of the land of this case and sold shares in the way of preparing power of attorney to the defendants.

In addition to the following circumstances in the process of the acquisition and disposal of the instant land: (a) the Defendants were to sell to the victims a share of KRW 300,000 per square year, and (b) the victims did not have any motive to make an accusation, it is sufficiently recognized that the instant land was sold en bloc, and accordingly, the Defendants had a duty to equal distribution of the price.

Nevertheless, the judgment of the court below which acquitted the charged facts of this case on different premise is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of judgment

2. Determination

A. The summary of the facts charged of the instant case was jointly purchased at 14,910 square meters of forest land divided into H, M, N, andO (hereinafter “instant land”) at 28,000 won per square year with the victim G on December 6, 1989, with the Defendant A (shares: 2,970/14,910), the Defendant B (shares: 4,910/14,910), the victim G (shares: 4,970/10; 14,910; 14,910/10); and the victim I (title: 14,910/10); 14,910/10 of the shares of the instant land); and the victim J (victim: 14,910/10); 14,910/10 of the shares of the instant land).

However, due to the development plan around the instant land, K, a developer, intended to purchase mass around the instant land, and the Defendants delegated the sale contract for the instant land from the victims around June 20, 2007 to K around July 2007.