The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (misunderstanding of the facts and the legal principles) is erroneous in the misapprehension of the legal principles as to the "sale" under the Act on the Sale of Buildings or misunderstanding of facts for the following reasons.

Considering the content of the instant written subscription for sale, the act of prior subscription constitutes a “sale” in substance connected to the outstanding portion to the present sale.

As the instant prior subscription may cause problems such as increase in the sale price, deprivation of fair opportunity for sale, false or exaggerated advertisements, etc., and thus, it violates the legislative intent of the Act on Sale of Buildings.

The summary of the facts charged in the instant case is a person who actually operates a company B, which obtained permission to build accommodation of 14,030.7963 square meters of the total floor area of 22 stories above the ground level 14,030.7963 square meters below the ground level on July 21, 2014, and Defendant B is a corporation established for the purpose of real estate development implementation business, sales agency business, etc.

Defendant

Where a building is to be sold in lots, a person who is to be sold in lots shall make a report on the sale to the competent permitting authority and receive notice of the acceptance of the sale report, and disclose the public.

Nevertheless, on April 16, 2015, the Defendant prepared a written subscription for sale under the conditions that he/she would sell the total amount of KRW 129,00,000 among the 376 rooms of Busan Shipping Daegu E and 1 parcel of G hotel operated by the Defendant to B from among the 376 rooms of the 376 Busan Shipping Daegu E and 1 parcel of G hotel operated by the Defendant, without undergoing the procedures such as reporting on the sale of buildings, and immediately deposit money of KRW 3 million in the bank account (I) in the name of the International Asset Trust Co., Ltd. from that year, including that he/she received the subscription money of KRW 3 million from that year.

5.8. Between them, the building was sold in lots by preparing an application form for sales of the above G hotel 39 rooms, and the amount of each subscription is paid in three million won.