The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant sold the above real estate to a third party even if the Defendant received both intermediate payments and the balance after selling K forest in Ulsan-gun to the victim, constitutes double selling, and thus, constitutes a crime of breach of trust, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.

2. Determination

A. A. Around December 20, 2011, the Defendant purchased 11,240 square meters of forest land in Ulsan-gun, Ulsan-gun, U.S. owned by E along with D on December 20, 201, and completed a co-ownership registration of 6,612 square meters for the Defendant and 4,628 square meters for D.

On October 29, 2013, the Defendant agreed to sell down payment of KRW 15 million in total of KRW 15 million, intermediate payment of KRW 20 million, and KRW 125 million in remainder to the victim I, who is a D, at the H office located in Ulsan-gun G around the same day. On the same day, the Defendant received down payment of KRW 15 million from the victim on the same day.

Meanwhile, around December 17, 2013, the Defendant and the victim sold D’s shares in the above F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F the remainder of the F F F F F F F F F F F, and the victim added the ownership of the F F F F F F F F F to L for transfer. At that time, the Defendant sold 330 square meters of the F F F F F F F F F F F F F F F F F F F F F F F F F F F F to L, and received 69,40,000 won of the remainder from the victim at the same place as the victim, around February 23, 2014; and around February 25, 2014, the Defendant and the victim paid the remainder of the F F F F F F land after selling the F F F F F F F F to M, and receiving the remainder of the land from the victim at the same place as the victim on the same date.