The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it can be acknowledged that the Defendants instigated E and caused E to excavate a grave as shown in the facts charged in the instant case, and that Defendant A, who confirmed the conclusion of Z on May 20, 1993 with the certificate of the personal seal impression issued by him, committed an act of breach of trust by double selling the grave in violation of the duty to transfer ownership to the victims. However, the court below acquitted the Defendants of the facts charged in the instant case on the part of the grave excavation teacher and the facts of the Defendant A’s breach of trust. Accordingly, the judgment of the court below erred in the misapprehension of facts and misapprehension of legal principles which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged (1) The owners of Ansan-si O forest (which was the “AC forest” of the Defendants, including the Defendants of the grave excavation building, but was changed to the current name on April 1, 1998 due to the change of administrative district name; hereinafter “the instant forest”) sold the instant forest to Q Q in the sum of KRW 30 million in down payment, intermediate payment, KRW 10 million in the sum of KRW 350 million in the remainder payment, KRW 350 million in the remainder payment, KRW 480 million in the aggregate, and KRW 480 million in the part payment to Q in the office of RA, and KRW 50 million in the part payment to the cemetery funeral each time the graveyard was assigned to the KA, and KRW 50 million in the part payment to Q in the entirety of the instant forest, and KRW 600 million in the case of the instant forest to secure the ownership transfer of the forest, and KRW 200,000,000 in the form of the instant forest.

The owners of the instant forest land, upon introduction of P on June 29, 201 with the same seal affixed by P, shall dispose of the remaining 20 plants of the instant forest land by mutual consent for relocation and the unclaimed grave.